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.
Recenzijas
' a valuable resource about the use of the proportionality doctrine in Latin America. [ and a] highly welcome addition to the research on proportionality. providing a more description of the proportionality practice, it includes many excellent chapters that are worth reading.' Niels Petersen, Zeitschrift für ausländisches öffentliches Recht und Völkerrecht / Heidelberg Journal of International Law
Papildus informācija
This is the first book on the theory and practice of proportionality in Latin American constitutional law.
Part I. Proportionality and Processes of constitutionalization:
1. The
Standard Reasonableness Test and Proportionality in Argentina: a matter of
interactions Laura Clérico and Federico de Fazio;
2. Proportionality in the
case law of the constitutional court of Ecuador Daniela Salazar Marķn and
Ramiro Įvila Santamarķa;
3. Proportionality and human rights in Mexico Arturo
Bįrcena Zubieta;
4. Proportionality and the construction of democracy: notes
from the Peruvian jurisprudence Pedro Grįndez Castro;
5. Proportionality in
the case law of the Chilean constitutional court Verónica Undurraga and
Pascual Cortés; Part II. Proportionality in Social Rights and Equality-based
Adjudication:
6. Socio-economic rights in the Colombian constitutional
jurisprudence: proportionality and the prohibition of retrogressive measures
Magdalena Correa Heano and Alejandra Osorio Alvis;
7. Progressive
realization, non-retrogression, and maximum of available resources.
Agreements and disagreements between the Inter-American court and the United
Nations ESCR committee Julieta Rossi;
8. Proportionality in the adjudication
of equality and non-discrimination cases in the Inter-American system Silvia
Serrano;
9. Transformation and its limits: proportionality, courts, and
social rights in Brazil Virgilio Afonso da Silva and Paula Gorzoni; Part III.
Proportionality, Between Transformation and the Status Quo:
10. Between
exception and transition: proportionality and necessity in the Colombian
quest for peace Antonio Barreto Rozo and Jorge Gonzįlez-Jįcome;
11.
Proportionality and state Ius Puniendi, Mary Beloff;
12. Distributional
analysis as an alternative to proportionality analysis in judicial
decision-making Isabel Cristina Jaramillo Sierra;
13. Proportionality, social
justice, and democracy Martķn Aldao;
14. Unilateralism, dialogue, and false
necessity: the distribution of the burden of proof in proportionality
analysis Francisca Pou-Giménez; Epilogue. The elephant in the room Jamal
Greene.
Francisca Pou-Giménez is Senior Researcher at the Institute for Legal Research of the National Autonomous University of Mexico (UNAM) and Lecturer in Law at the Autonomous Technologic Institute of Mexico (ITAM). Laura Clérico is Professor at the University of Buenos Aires, Senior Researcher at the National Scientific and Technical Research Council of Argentina (CONICET), and Honorary Professor at the University of Erlangen Nuremberg in Germany. Esteban Restrepo-Saldarriaga is Associate Professor at Universidad de los Andes Law School in Bogotį, Colombia.
