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Part I Framework, 3 Ius Constitutionale Commune en América Latina: Context, Challenges, and Perspectives

Flávia Piovesan

From: Transformative Constitutionalism in Latin America: The Emergence of a New Ius Commune

Edited By: Armin von Bogdandy, Eduardo Ferrer Mac-Gregor, Mariela Morales Antoniazzi, Flávia Piovesan, Ximena Soley

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 27 January 2021

This chapter focuses first of all on the particular political and social context in Latin America which justifies the proposal of a Ius Constitutionale Commune. The similar spectrum of problems, tensions, and dilemmas shared by Latin American countries are highlighted, with an emphasis on their deeply unequal and violent societies, and their status as unconsolidated democracies. The second part addresses the process of creation of a Ius Constitutionale Commune in Latin America, which results from a combination of three important developments: (1) the growing empowerment of the inter-American human rights system; (2) the emergence of Latin American constitutions that contain open constitutional clauses, facilitating dialogue between domestic law and international human rights law; and (3) the strengthening of civil society in the struggle for rights and justice. The last part analyzes the challenges and perspectives of the Ius Constitutionale Commune and its transformative approach.

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