Comparative Constitutional Law in Latin America
Show Less

Comparative Constitutional Law in Latin America

Edited by Rosalind Dixon and Tom Ginsburg

This book provides unique insights into the practice of democratic constitutionalism in one of the world’s most legally and politically significant regions. It combines contributions from leading Latin American and global scholars to provide ‘bottom up’ and ‘top down’ insights about the lessons to be drawn from the distinctive constitutional experiences of countries in Latin America. In doing so, it also draws on a rich array of legal and interdisciplinary perspectives. Ultimately, it shows both the promise of democratic constitutions as a vehicle for social, economic and political change, and the variation in the actual constitutional experiences of different countries on the ground – or the limits to constitutions as a locus for broader social change.
Buy Book in Print
Show Summary Details
You do not have access to this content

Chapter 4: A critical mapping of transitional justice in Latin America

Lucas Lixinski


The chapter examines the diversity of transitional justice architectures in Latin America. While there is increased pressure to move towards anti-impunity and criminalization as responses to past atrocity in the region, other solutions have been adopted, and are still in place; these include amnesties, on the one hand, and memorialization and reparation processes, on the other. These three archetypes of transitional justice (amnesties; memorialization and reparations; and criminal prosecutions) can be explained by different political and historical contingencies across different countries. International justice projects have pushed for increasing use of criminal law measures in the context of transition, to the point where other measures are either deemed illegal, or are eclipsed by the focus on prosecutions. This focus, I argue, eclipses the politics of transition, and in doing so prevents countries from addressing the structural causes of the original instability. Keywords: transitional justice, Plan Condor, Inter-American Court, amnesties, memory, prosecutions

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.

Further information

or login to access all content.