Constitutional change and transformation in Latin America / edited by Richard Albert, Carlos Bernal and Juliano Zaiden Benvindo.

Format:

Book

Contributor:

Albert, Richard (Law professor), editor.

Benvindo, Juliano Zaiden, editor.

Bernal Pulido, Carlos, editor.

Language:

English

Subjects (All):

Constitutional law--Latin America.

Constitutional law.

Physical Description:

1 online resource (373 pages)

Place of Publication:

Oxford, UK ; Chicago, Illinois : Hart Publishing, 2019.

Summary:

"Over the past 30 years, Latin America has lived through an intense period of constitutional change. Some reforms have been limited in their design and impact, while others have been far-reaching transformations to basic structural features and fundamental rights. Scholars interested in the law and politics of constitutional change in Latin America are turning increasingly to comparative methodologies to expose the nature and scope of these changes, to uncover the motivations of political actors, to theorise how better to execute the procedures of constitutional reform, and to assess whether there should be any limitations on the power of constitutional amendment. In this collection, leading and emerging voices in Latin American constitutionalism explore the complexity of the vast topography of constitutional developments, experiments and perspectives in the region. This volume offers a deep understanding of modern constitutional change in Latin America and evaluates its implications for constitutionalism, democracy, human rights and the rule of law."--Bloomsbury Publishing.

Contents:

Life and death of constitutions in Latin America : constitutional amendments, the role of courts and democracy

Luís Roberto Barroso

Introduction : facts and fictions in Latin American constitutionalism

Richard Albert, Carlos Bernal and Juliano Zaiden Benvindo

Constitution-making (without constituent) power : on the conceptual limits of the power to replace or revise the constitution

Carlos Bernal

Continuity and change in Latin America : the ever-present authoritarianism and the democratic capacities of the new Latin American constitutions

Fernando José Gonçalves Acunha

Constitutional moments and constitutional thresholds in Brazil : mass protests and the "performative meaning" of constitutionalism

Juliano Zaiden Benvindo

Constitutional unamendability in Latin America gone wrong?

Yaniv Roznai

The Colombian Constitutional Court's doctrine on the substitution of the constitution

Juan F Gonzalez-Bertomeu

We the people, they the media: judicial review of constitutional amendment and public opinion in Colombia

Vicente F Benitez-R

"Resistance by interpretation" : supreme court justices as counter-reformers to constitutional changes in Brazil in the 90s

Diego Werneck Arguelhes & Mariana Mota Prado

The judicial review of constitutional amendments in Brazil and the super-countermajoritarian role of the Brazilian Supreme Court : the case of the "ADI 5017"

Eneida Desiree Salgado & Carolina Alves das Chagas

The role of the Chilean Constitutional court in times of change

Sergio Verdugo

The paradox of Mexican constitutional hyper-reformism : enabling peaceful transition while blocking democratic consolidation

Francisca Pou Giménez & Andrea Pozas-Loyo

The political sources of constitutional amendment (non)difficulty in Mexico

Mariana Velasco Rivera

Subnational constitutionalism and constitutional change in Brazil : the impact of federalism in constitutional stability

Breno aía Magalhães

Legislative process and constitutional change in Brazil : on the pathologies of the procedure for amending the 1988 constitution

Leonardo Augusto de Andrade Barbosa

Transformative constitutionalism and extreme inequality : a problematic relationship

Magdalena Correa Henao.

Notes:

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Includes bibliographical references and index.

Description based on print version record and CIP data provided by publisher; resource not viewed.

ISBN:

9781509923533

1509923535

9781509923526

1509923527

9781509923519

1509923519

OCLC:

1088665934