Constitutional Reasoning in Latin America and the Caribbean

Johanna Fröhlich

• Publisher: Hart Publishing
• Year: 2024
• Print ISBN: 9781509960170
• eBook ISBN: 9781509960187
• Edition: 1
• Topic: Law
• Subtopic: Comparative Law
• Index: Law

This book examines the reasoning practice of 15 constitutional courts and supreme courts, including the Caribbean Commonwealth and the Inter-American Court of Human Rights. Enriched by empirical data, with which it strives to contribute to a constructive and well-informed debate, the volume analyses how Latin American courts justify their decisions. Based on original data and a region-specific methodology, the book provides a systematic analysis utilising more than 600 leading cases. It shows which interpretive methods and concepts are most favoured by Latin American courts, and which courts were the most prolific in their reasoning activities. The volume traces the features of judicial dialogue on a regional and sub-regional level and enables the evaluation and comparison of each country's reasoning culture in different epochs. The collection includes several graphs to visualise the changes and tendencies of the reasoning practices throughout time in the region, based on information gathered from the dataset. To better understand the current functioning and the future tendencies of courts in Latin America and the Caribbean, the volume illuminates how constitutional and supreme courts have actually been making their decisions in the selected landmark cases, which could also contribute to future successful litigation strategies for both national constitutional courts and the Inter-American Court for Human Rights. This project was made possible due to the collaboration and funding provided by the Rule of Law Programme for Latin America of the Konrad Adenauer Foundation and the Law School of the University of San Francisco de Quito.

Table of contents

• Cover
• Dedication
• Title Page
• Series Editors’ Foreword
• Foreword by Paolo G Carozza
• Special Note from the Director of the Rule of Law Program for Latin America of the Konrad Adenauer Foundation
• Editor’s Preface
• Table of Contents
• List of Contributors
• Note on the Online Materials
• PART I: FOUNDATIONS AND METHODOLOGY
• PART II: THE MOSAIC OF CONSTITUTIONAL REASONING IN LATIN AMERICA AND THE CARIBBEAN
• PART III: PRINCIPAL TENDENCIES OF CONSTITUTIONAL REASONING IN LATIN AMERICA AND THE CARIBBEAN
• Appendix A: The Selected Landmark Cases by Jurisdiction
• Appendix B: CORE Codebook
• Appendix C: Questionnaire for Country Reports
• Index
• Copyright Page