Edited by Rosalind Dixon and Tom Ginsburg
Chapter 14: The constitutional protection of economic and social rights in Latin America
This chapter aims to illuminate answers to two questions: whether there is convergence in the constitutional protection of economic and social rights in Latin American countries; and what can explain the existence or absence of convergence. I will argue that despite the convergence of Latin American constitutions in the entrenchment of economic and social rights under similar circumstances, an analysis of the case law of Latin American apex courts shows that there is only limited convergence and, correlatively, extended divergence concerning the standards of adjudication of those rights. While the beginning of a practice of intra-regional migration of constitutional ideas may account for the convergence, differences in the strength of the judiciary vis-à-vis political authorities may explain the divergence. Keywords: economic and social rights, constitutional rights, reasonableness, proportionality, minimum core, constitutional review
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