Transformative Constitutionalism in Latin America

This collection explores transformative changes in Latin American constitutional and human rights law while introducing innovative concepts like ICCAL. Transformative Constitutionalism in Latin America is a vital resource for understanding these developments.

This collection, authored by prominent experts in Latin American jurisprudence, serves as a comprehensive introduction to the recent shifts in constitutional and human rights law that have reshaped the political landscape of Latin America. It presents an innovative methodological framework for understanding legal transformations and their societal implications. The essays included in Transformative Constitutionalism in Latin America highlight the unique evolution of legal thought in the region, particularly focusing on the concept of Ius Constitutionale Commune en América Latina (ICCAL). This term represents a distinctive Latin American approach to transformative constitutionalism, introduced to an Anglophone audience for the first time.

The book meticulously outlines significant developments that have occurred in Latin America, evaluating the effectiveness of constitutional initiatives that emerged following a history marked by authoritarian rule. Scholars who have spent over a decade documenting and analyzing Latin American public law have coined the term ICCAL, which encompasses various themes that transcend national boundaries and intersect with multiple legal disciplines, including constitutional law, administrative law, human rights, and investment law.

Moreover, Transformative Constitutionalism in Latin America not only maps the legal terrain but also proposes strategies for societal improvement through a rights-based approach rooted in regional constitutionalism. The editors argue that by reinforcing democracy, the rule of law, and human rights, it is possible to address persistent issues such as political exclusion, corruption, and the challenges posed by hyper-presidentialism and weak legal norms more effectively in the future.