Part I Framework, 2 Ius Constitutionale Commune en América Latina: Observations on Transformative Constitutionalism
Armin von Bogdandy
Edited By: Armin von Bogdandy, Eduardo Ferrer Mac-Gregor, Mariela Morales Antoniazzi, Flávia Piovesan, Ximena Soley
This chapter describes and conceptually frames the Ius Constitutionale Commune en América Latina (ICCAL or Ius Constitutionale Commune), a regional approach in transformative constitutionalism. The idea of commonality permeating the approach is addressed, as well as the scope of its regional dimension. The concerns giving rise to ICCAL are explained, as well as its aims. Since ICCAL does not place its hopes on the functional integration of the region but rather on a rights based, supranationally secured, and regionally rooted constitutionalism the close ties between constitutional, international, and comparative law are expounded upon, as well as the role of courts and institutions in advancing this project.