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Part I Framework, 4 The Struggle for Rights and the Ius Constitutionale Commune

Pedro Salazar Ugarte

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 shows the importance of strengthening the bond between democracy and human rights. The main thesis is that true democracy can only exist when human rights are adequately guaranteed and that the development of a Ius Commune in Latin America depends on this virtuous bond. Nevertheless, many of the countries of the region entertain a “rights on paper” façade that affects democracy and the constitutionality of rights. The structural contradiction between institutional designs and the political and social realities of many countries of the region is the main obstacle to furthering the principles on which the Latin American Ius Commune is based. In this chapter I will offer some thoughts on certain cultural obstacles that hinder respect for human rights, especially in the context of present-day Mexico. The political and especially cultural dimensions of this struggle over rights in the Mexican legal profession are highlighted, particularly in the judiciary.

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