Comparative Constitutional Law in Latin America
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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.
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Chapter 11: Ambitious constitutions: prominent courts

Oscar Vilhena Vieira

Abstract

The Brazilian and Colombian ambitious Constitutions resulted from reactive and inclusive constitutional moments, in a social context of profound inequality and political distrust. Their apex courts received ample powers to protect these aspirational pacts. This chapter analyses the role of these courts in the incremental implementation of constitutional promises, and especially their contribution to making these constitutional systems more resilient in the last decades. Keywords: Ambitious constitutionalism, Constitutional resilience, Supremocracy, Incremental development, Unconstitutional amendments

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