Abstract

VON BOGDANDY, Armin. Ius Constitutionale Commune in Latin America: A look at a transformative constitutionalism. Rev. Derecho Estado [online]. 2015, n.34, pp.3-50. ISSN 0122-9893.  https://doi.org/10.18601/01229893.n34.01.

Ius Constitutionale Commune en América Latina (ICCAL) stands for a regional approach in transformative constitutionalism. This approach arises out of the deeply troubling experience of unacceptable living conditions and aims at changing political and social realities of Latin America through the concerted strengthening of democracy, the rule of law and human rights. Common problems, such as the exclusion of wide sectors of the population, or the weak normativity of law, are at its center. 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. As a result, ICCAL representatives insist on the close ties between constitutional, international and comparative law. In this sense, the opening of numerous national legal orders to international law and to the Inter-American System of Human Rights Protection is of particular importance as it constitutes the normative core of ICCAL. The present contribution analyzes the main elements of this approach and describes its specific Latin American Gestalt.

Keywords : Ius Constitutionale Commune; transformative constitutionalism; democracy; human rights; rule of law; judicial dialogue.

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