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New constitutionalism in Latin America : promises and practices / edited by Detlef Nolte and Almut Schilling-Vacaflor

Published
Farnham : Ashgate Publishing Ltd, 2012.
Physical Description
1 online resource (436 pages)
Additional Creators
Nolte, Detlef and Schilling-Vacaflor, Almut
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Language Note
English.
Contents
Part 1: Introduction and Analytical Concepts; 1 Introduction: The Times they are a Changin'; 2 Explaining Constitutional Change; 3 Toward a Theory of Formal Constitutional Change; 4 Still the Land of Presidentialism?; 5 What do we mean when we talk about 'Critical Constitutionalism'?; Part 2: Reflections on the New Latin American Constitutionalism from a Historical and Comparative Perspective; 6 Latin American Constitutionalism; 7 Latin American Constitutionalism Then and Now., Part 3: Case Studies: The Impact of New Constitutions on Democracy and Governance8 Neo-Constitutionalism in Twenty-first Century Venezuela; 9 New Constitutions and the Transformation of Democracy in Bolivia and Ecuador*; 10 Constitutionalizing Policy; 11 Change and Continuity in Dominican Constitutions; 12 Chile: Democratization through Constitutional Reforms; Part 4: Case Studies: The Empowerment of Courts; 13 Institutional Design and Judicial Behaviour; 14 Constitutional Courts and Constitutional Change; Part 5: Case Studies: Rights Revolution and Indigenous State Transformation., and 15 Colombia's 1991 Constitution: A Rights Revolution16 How Does the New Constitutionalism Respond to the Human Rights Challenges?; 17 Plurinational Constitutionalism; 18 Turning Legal Pluralism into State-Sanctioned Law; Conclusions.
Summary
"Latin America has a long tradition of constitutional reform. Since the democratic transitions of the 1980s, most countries have amended their constitutions at least once, and some have even undergone constitutional reform several times. The global phenomenon of a new constitutionalism, with enhanced rights provisions, finds expression in the region, but the new constitutions, such as those of Bolivia, Colombia, Ecuador and Venezuela, also have some peculiar characteristics which are discussed in this important book. Authors from a number of different disciplines offer a general overview of constitutional reforms in Latin America since 1990. They explore the historical, philosophical and doctrinal differences between traditional and new constitutionalism in Latin America and examine sources of inspiration. The book also covers sociopolitical settings, which factors and actors are relevant for the reform process, and analyzes the constitutional practices after reform, including the question of whether the recent constitutional reforms created new post-liberal democracies with an enhanced human and social rights record, or whether they primarily serve the ambitions of new political leaders." --
Subject(s)
ISBN
9781409434993 (electronic bk.)
1409434990 (electronic bk.)
1409434982 (hbk. ; alk. paper)
9781409434986 (hbk. ; alk. paper)
9781315597904 (electronic bk.)
131559790X (electronic bk.)
1317088638
9781317088639
Digital File Characteristics
text file
Note
Includes index.
Bibliography Note
Includes bibliographical references and index.
View MARC record | catkey: 43614055