Suchergebnisse

Abstract
This article focuses on Latin American constitutionalism with two goals in mind. The first goal is to identify narratives of constitutional mixity or hybridity that have been influential in Latin America, something that habilitates a comparative analysis with references to mixed or hybrid constitutionalism in other scenarios. One narrative underlines the combination of U.S.-inspired constitutionalism with background civil law systems. Another narrative highlights the way classic regional constitutional designs feature a liberal-conservative hybridation that, some claim, continue to influence constitutional dynamics up to this day. And the third narrative is associated with the establishment in regional countries of hybrid or mixed systems of judicial review. The second goal of the article, more methodological in kind, is to explore what do Latin American narratives on mixity teach in the way to clarifying the nature and implications of exercises constitutional taxonomy. As it emerges, constitutional taxonomy is a way of organizing and generating knowledge which is useful to describe, but most meaningful when addressed to provide an explanation, which is often just an antechamber to normative evaluation. Whether a particular exercise of constitutional taxonomy makes sense in a particular scenario, however, is a different matter, and the article suggests that describing, explaining and evaluating Latin American constitutions as hybrid is illuminating but also problematic in a number of ways.

This is the first book on proportionality in Latin American constitutional law. Leading scholars in the region explore how proportionality analysis has become a key part of the constitutional law of a region where, almost paradoxically, constitutions with clear transformative intentions coexist with the highest indicators of social inequality in the world. In this book, scholars, practitioners and students will find a fascinating account of how proportionality has been a central concept in Latin America's constitutional struggles to curtail excessive uses of state power. The book illustrates how, more recently, proportionality has played an important role in national processes of constitutionalization and transitional justice, and how its current uses in the domain of social rights endow it with a distinctive meaning and role in regional constitutionalism. This pioneering book opens up the space for a much needed global conversation on how Latin America has decisively contributed to comparative constitutional law.

Women, gender, human rights, and constitutionalism in Costa Rica / Alda Facio, Rodrigo Jiménez and Martha Morgan -- Women and LGBTI Rights in Colombia / Isabel Cristina Jaramillo -- Gender constitutionalism in Ecuador / Daniela Salazar Marín -- Bolivian constitutionalism from the perspective of gender and intersectionality / María Elena Attard Bellido -- Gender and sexuality in the Brazilian Supreme Court : expansion of rights, ambivalent reasoning and telling omissions / Juliana Cesario Alvim Gomes and Marta R. de Assis Machado -- Gender and constitutionalism in Mexico / Francisca Pou Giménez and Sofía Treviño Fernández -- The ambivalent and hetero-cis-normative Peruvian constitutional jurisprudence of the twenty-first century / Cristina Valega Chipoco and Ximena Benavides Reverditto -- The role of Chilean constitutional law in gender (in)equality / Yanira Zúñiga Añazco and Verónica Undurraga Valdés -- Women, gender, colonialism, and constitutional law in Puerto / Rico Yanira Reyes Gil -- Constitutionalizing gender : a view from Argentina / Delfina Beguerie and Paola Bergallo -- Gender and the constitution in Uruguay / Lucía Giudice Graña and Lucía Berro Pizzarossa.

"This book discusses to what extent and in what ways constitutional design and practice in Latin America has helped in combatting the subordination of women and LGBTQI+ people. Covering eleven jurisdictions, the chapters identify the main elements of the constitutional gender order and survey jurisprudential and legislative developments in different areas, incorporating contextual analysis and references to history, political dynamics, social movements, feminist struggles, normative efficacy and policy. In the context of a constitutionalism that has been celebrated as particularly innovative and socially engaged, the book assesses constitutional performance in the quest to supersede the separate gendered spheres tradition and the subordination of women and sexual minorities to heteronormative hegemony. It fills an important gap in the field of gender and constitutionalism, which has paid very little attention to Latin America, compared to that paid to the Anglo-American legal world and continental Europe. It identifies regional trends, but also variables which account for the diversity of approaches in various jurisdictions. The book proves much-needed insight into matters that are relevant for legal and socio-legal scholars, an ever-growing number of social actors and movements, and all those interested in comparative constitutionalism, and in the intersections between law and gender"--