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The Latin American Casebook: Courts, Constitutions and Rights

Edited by: Roberto Gargarella, Juan Gonzalez-Bertomeu

ISBN13: 9781409469698
Published: May 2016
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £145.00
Paperback edition , ISBN13 9781138483842



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Traditionally relegated because of political pressure and public expectations, courts in Latin America are increasingly asserting a stronger role in public and political discussions.

This casebook takes account of this phenomenon, by offering a rigorous and up-to-date discussion of constitutional adjudication in Latin America in recent decades. Bringing to the forefront the development of constitutional law by Latin American courts in various subject matters, the volume aims to highlight a host of creative arguments and solutions that judges in the region have offered.

The authors review and discuss innovative case law in light of the countries' social, political and legal context. Each chapter is devoted to a discussion of a particular area of judicial review, from freedom of expression to social and economic rights, from the internalization of human rights law to judicial checks on the economy, from gender and reproductive rights to transitional justice. The book thus provides a very useful tool to scholars, students and litigants alike.

Subjects:
Other Jurisdictions , Latin America
Contents:
Introduction
Equal protection, Laura Clerico, Liliana Ronconi and Martin Aldao
Religious freedom, Marcelo Alegre and Pedro Salazar Ugarte
Abortion, Paola Bergallo and Agustina Ramon Michel
LGBTI rights, Camila Gianella and Bruce M. Wilson
Prisons and prisoners' rights, Juan F. Gonzalez-Bertomeu
Freedom of expression and social protest, Roberto Gargarella and Ramiro Alvarez Ugarte
Transitional justice, Leonardo Filippini and Agustin Cavana
The protection of social rights, Oscar Parra Vera
The protection of the environment, Maria Florencia Saulino and Luis Jose Torres Asencio
The protection of the rights of indigenous peoples, Silvina Ramirez and Nahuel Maisley
Constitutional limits on the power of the executive, Agustin Grijalva, Elsa Guerra and Dunia Martinez
Economic regulation and judicial review, Mariana Prado and Rene Uruena
International law and domestic adjudication, Fernando Basch and Jorge Contesse
Index.