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Constitutional Reasoning in Latin America by Johanna Fröhlich

Constitutional Reasoning in Latin America

by Johanna Fröhlich
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Book cover type: Hardcover
  • ISBN13: 9781509960170
  • Binding: Hardcover
  • Subject: N/A
  • Publisher: Hart Publishing
  • Publisher Imprint: Hart Publishing
  • Publication Date:
  • Pages: 592
  • Original Price: GBP 130.0
  • Language: English
  • Edition: N/A
  • Item Weight: 454 grams
  • BISAC Subject(s): Constitutional and Comparative

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.

Albert, Richard: - Richard Albert is Director of Constitutional Studies, William Stamps Farish Professor in Law and Professor of Government at the University of Texas at Austin, USA.

Bernal, Carlos: - Carlos Bernal is Professor of Law at the University of Dayton, Ohio.

Botelho, Catarina Santos: - Catarina Santos Botelho is Professor of Law and Chair of Constitutional Law at Porto Faculty of Law, Universidade Católica Portuguesa, Portugal. She is also a member of the Católica Research Centre for the Future of Law.

Fröhlich, Johanna: - Johanna Fröhlich is Assistant Research Professor of Law at the Faculty of Law, Pontifical Catholic University of Chile.

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