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Books on the topic 'Latin American constitutionalism'

Author: Grafiati

Published: 10 March 2023

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1

Mera, Manuel Eduardo Góngora. Inter-American judicial constitutionalism: On the constitutional rank of human rights treaties in Latin America through national and inter-American adjudication. San José, C.R.]: IIDH, Inter-American Institute of Human Rights, 2011.

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2

Carlos, Hakansson Nieto, and Palomino Manchego José F, eds. Influenze europee e statunitensi sul costituzionalismo latino-americano: Garanzie costituzionali e presidenzialismo = The influence of Europe and the United States on Latin American constitutionalism : constitutional safeguards and presidentialism. Bologna: CLUEB, 2010.

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3

Schilling-Vacaflor, Almut, and Detlef Nolte. New constitutionalism in Latin America: Promises and practices. Farnham, Surrey: Ashgate Pub., 2012.

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4

Gargarella, Roberto. Latin American Constitutionalism, 1810-2010. Oxford University Press, 2013. http://dx.doi.org/10.1093/acprof:oso/9780199937967.001.0001.

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5

Latin American Constitutionalism,1810-2010: The Engine Room of the Constitution. Oxford University Press, Incorporated, 2013.

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6

Gargarella, Roberto. Latin American Constitutionalism,1810-2010: The Engine Room of the Constitution. Oxford University Press, Incorporated, 2013.

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7

O, Jaime E. Rodr'guez. The Divine Charter: Constitutionalism and Liberalism in Nineteenth-Century Mexico (Latin American Silhouettes). Rowman & Littlefield Publishers, Inc., 2004.

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8

Smith, Tony. Wilson and Democracy in Latin America. Princeton University Press, 2017. http://dx.doi.org/10.23943/princeton/9780691154923.003.0003.

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This chapter examines Woodrow Wilson's attempts to foster constitutionalism in Latin America through imperialist interventions that commenced shortly after he was elected president in 1913. It begins with a discussion of three policy instruments that Wilson found at his disposal after he assumed the presidency and that he could use to promote constitutional democracy in Latin America: limited military occupation and control of customs houses, economic influence, and international agreements. The chapter then assesses Wilson's interventionist policy in Mexico and the Dominican Republic, along with the failure of Wilsonianism in the Philippines and the Dominican Republic. It also considers the limits of Wilson's democratic initiatives abroad before concluding with an analysis of four distinct U.S. policies aimed at fostering political stability in Latin America and ensuring that American security interests would not be threatened.

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9

Rodiles, Alejandro. The Great Promise of Comparative Public Law for Latin America. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190697570.003.0023.

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This chapter analyzes “ius constitutionale commune in Latin America” (ICCLA) in light of comparative international law. For the proponents of ICCLA, this represents a common public law of the region that emerges through judicial dialogue among the Inter-American Court of Human Rights (IACHR) and Latin American national courts. This chapter questions this assumption, first by focusing on the ideological and theoretical genesis of this project, which is the product of a trans-regional academic discourse centered on a German conception of European constitutionalism (Gemeineuropäisches Verfassungsrecht). Next, it addresses the main features of the regional judicial dialogue, considering whether it truly reveals a pluralistic conversation, or instead denotes a monologue promoted by the IACHR. It argues that the latter comes closer to the truth, a conclusion that leads to a reconsideration of the pluralistic narrative about ICCLA. This, in turn, raises serious doubts about the emergence of ius commune in Latin America.

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10

Jimenez, Hector Portillo. Influence of International Human Rights Norms Considered As Jus Cogens in Latin-American Constitutionalism, with Special Reference to the Mexican Legal System. Lit Verlag, 2008.

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11

Schilling-Vacaflor, Almut. New Constitutionalism in Latin America. Routledge, 2016. http://dx.doi.org/10.4324/9781315597904.

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12

Schilling-Vacaflor, Almut, and Detlef Nolte. New Constitutionalism in Latin America: Promises and Practices. Taylor & Francis Group, 2016.

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13

Schilling-Vacaflor, Almut, and Detlef Nolte. New Constitutionalism in Latin America: Promises and Practices. Taylor & Francis Group, 2016.

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14

Schilling-Vacaflor, Almut, and Detlef Nolte. New Constitutionalism in Latin America: Promises and Practices. Taylor & Francis Group, 2016.

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15

Grabowski, Andrzej. Argumenty i rozumowania prawnicze w konstytucyjnym państwie prawa: Komentarz. Edited by Monika Florczak-Wątor. Ksiegarnia Akademicka Publishing, 2021. http://dx.doi.org/10.12797/9788381383370.

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LEGAL ARGUMENTS AND REASONING IN THE CONSTITUTIONAL LAW-GOVERNED STATE: THE COMMENTARY The interdisciplinary research on legal argumentation presented in this volume, entitled Legal Arguments and Reasoning in the Constitutional Law-governed State: The Commentary (edited by Monika Florczak-Wątor and Andrzej Grabowski), is primarily inspired by the theory of constitutional law-governed state developed in Italy, Spain, and Latin American countries, by scholars proposing doctrines of positivist or postpositivist constitutionalism and neoconstitutionalism. As explained by Andrzej Grabowski in the “Introduction” [pp. 23–29], the theory is focused first and foremost on legal reasoning as it is conducted in the process of judicial law application and with particular stress on how it is affected by constitutional norms and values. Legal theory on its own does not seem to possess sufficient means to examine legal reasoning in constitutional law-governed states adequately—such an endeavour might be done far better with the help of dogmatics of constitutional law. Hence, this commentary on 91 arguments, topoi, and legal reasoning schemata result from the research team’s joint efforts composed of 18 legal theorists and constitutionalists.

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16

Transformative Constitutionalism in Latin America: The Emergence of a New Ius Commune. Oxford University Press, 2017.

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17

Modern Constitutionalism : Origin and Manifestations: England - North America - France - Germany - Europe/European Union - Latin America. Lawbook Exchange, Limited, The, 2022.

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18

Modern Constitutionalism : Origin and Manifestations: England - North America - France - Germany - Europe/European Union - Latin America. Lawbook Exchange, Limited, The, 2022.

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19

Dippel, Horst. Modern Constitutionalism : Origin and Manifestations: England - North America - France - Germany - Europe/European Union - Latin America. Lawbook Exchange, Limited, The, 2022.

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20

Gargarella, Roberto. Legal Foundations of Inequality: Constitutionalism in the Americas, 1776-1860. Cambridge University Press, 2010.

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21

Gargarella, Roberto. Legal Foundations of Inequality: Constitutionalism in the Americas, 1776-1860. Cambridge University Press, 2010.

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22

Gargarella, Roberto. Legal Foundations of Inequality: Constitutionalism in the Americas, 1776-1860. Cambridge University Press, 2010.

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23

Gargarella, Roberto. Legal Foundations of Inequality: Constitutionalism in the Americas, 1776-1860. University of Cambridge ESOL Examinations, 2014.

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24

Mendes, Conrado Hübner, Roberto Gargarella, and Sebastián Guidi, eds. The Oxford Handbook of Constitutional Law in Latin America. Oxford University Press, 2022. http://dx.doi.org/10.1093/oxfordhb/9780198786900.001.0001.

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The history of constitutional law in Latin America offers a mosaic of national histories, political experiments, and institutional transitions. No matter how distinctive and country-specific these histories and trends might be, this handbook shows that there are a set of commonalities that transcend the geographical contiguity of these countries. The handbook seeks to identify the similarities between institutional outlooks, bodies of rights, declarations, ideological underpinnings, and canons of constitutional thought. The last wave of constitutional change shows that many countries in the region have gone through, which started by the end of the 1980s, was geared towards a commitment to equality in diversity, a recognition of the multi-ethnic origins of the respective societies and an attempt to deepen democracy via participatory channels. This handbook aims to depict the constitutional landscape of Latin America by shedding light on its most important differences and affinities, qualities and drawbacks, and by assessing its overall standing in the global enterprise of democratic constitutionalism.

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25

Bächtiger, Andre, John S. Dryzek, Jane Mansbridge, and Mark Warren, eds. The Oxford Handbook of Deliberative Democracy. Oxford University Press, 2018. http://dx.doi.org/10.1093/oxfordhb/9780198747369.001.0001.

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Deliberative democracy has been the main game in contemporary political theory for two decades and has grown enormously in size and importance in political science and many other disciplines, and in political practice. The Oxford Handbook of Deliberative Democracy takes stock of deliberative democracy as a research field, as well as exploring and creating links with multiple disciplines and policy practice around the globe. It provides a concise history of deliberative ideals in political thought while also discussing their philosophical origins. It locates deliberation in a political system with different spaces, publics, and venues, including parliament and courts but also governance networks, protests, mini-publics, old and new media, and everyday talk. It documents the intersections of deliberative ideals with contemporary political theory, involving epistemology, representation, constitutionalism, justice, and multiculturalism. It explores the intersections of deliberative democracy with major research fields in the social sciences and law, including social and rational choice theory, communications, psychology, sociology, international relations, framing approaches, policy analysis, planning, democratization, and methodology. It engages with practical applications, mapping deliberation as a reform movement and as a device for conflict resolution. It documents the practice and study of deliberative democracy around the world, in Asia, Latin America, Africa, Europe, and global governance. And it provides reflections on the field by pioneering thinkers.

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26

Kaltwasser, Cristóbal Rovira, Paul Taggart, Paulina Ochoa Espejo, and Pierre Ostiguy, eds. The Oxford Handbook of Populism. Oxford University Press, 2017. http://dx.doi.org/10.1093/oxfordhb/9780198803560.001.0001.

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Populist forces are increasingly relevant, and studies on populism have entered the mainstream of the political science discipline. However, no book has synthesized the ongoing debate on how to study the phenomenon. The main goal of this Handbook is to provide the state of the art of the scholarship on populism. The Handbook lays out not only the cumulated knowledge on populism, but also the ongoing discussions and research gaps on this topic. The Handbook is divided into four sections. The first presents the main conceptual approaches and points out how the phenomenon in question can be empirically analyzed. The second focuses on populist forces across the world with chapters on Africa, Australia and New Zealand, Central, Eastern, and Western Europe, East Asia, India, Latin America, the post-Soviet States, and the United States. The third reflects on the interaction between populism and various issues both from scholarly and political viewpoints. Analysis includes the relationship between populism and fascism, foreign policy, gender, nationalism, political parties, religion, social movements, and technocracy. The fourth part encompasses recent normative debates on populism, including chapters on populism and cosmopolitanism, constitutionalism, hegemony, the history of popular sovereignty, the idea of the people, and revolution. With each chapter written by an expert in their field, this Handbook will position the study of populism within political science and will be indispensable not only to those who turn to populism for the first time, but also to those who want to take their understanding of populism in new directions.

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