The Jurisprudence of the Bolivian Constitutional Court (original) (raw)
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Constitutional Reasoning in Latin America and the Caribbean, 2024
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LATIN AMERICAN CONSTITUTIONALISM
2023
This book is one of the outcomes of the research activities carried out within the research project PRIN 2017 “From Legal Pluralism to the Intercultural State. Personal Law, Exceptions to General Rules and Imperative Limits in the European Legal Space” (2020/2023). This book emerged out of a shared realisation. The editors found that while a vast legal literature on constitutionalism in Latin America exists in Europe, no single volume has provided an overview of the main institutional models of constitutional law in the region. This book focuses on classic public law issues in order to gain insight into recent constitutional innovations. It is also the result of a precise methodological choice, which embraces a comparative approach. Latin American legal facts – that is, forms and types of state, presidentialism and constitutional justice – are not simply observed as national events. Rather, these institutions are contextualised in a broader way, looking at the relationships between two or more systems in order to identify trends.
Revista Derecho del Estado, 2019
This research presents an example of transformative case law from the InterAmerican Court of Human Rights and the Constitutional Court of Colombia. Due to the fact that these Courts had seriously contemplated the right to free, prior and informed consultation of indigenous peoples and afro-descendants, this study explains the standards and statistics produced for 25 years on the topic. It focuses on the principal outcomes of the interamerican case Saramaka v. Suriname (2007) and the Colombian Decision T-129 of 2011, which nowadays encompass the most plausible and balanced standard of protection on the matter. However, the progressive outcomes are at risk of being regressively changed. For that reason, this study analyses the relevance of “binding consent” as an alternative to the problematic category or wrongly so-called “veto power”. ------------------------------------------- En esta investigación se expone un ejemplo de diálogo judicial y transformador entre la Corte Interamericana de Derechos Humanos y la Corte Constitucional de Colombia. En la medida en que estos dos tribunales se han tomado en serio los derechos a la consulta previa, libre e informada de los pueblos indígenas y afrodescendientes, se presentan detalladas tablas con los casos y las estadísticas producidas durante 25 años sobre el tema. La investigación se centra en el histórico precedente de la Corte Interamericana Saramaka v. Suriname (2007) y la sentencia T-129 de 2011 de la Corte Constitucional de Colombia por medio de la cual se profundizó el diálogo judicial y de donde quizá ha surgido el estándar de protección más plausible y equilibrado en la materia, aunque en riesgo de ser modificado regresivamente. De ahí que se puntualice la relevancia del “consentimiento vinculante” como alternativa al mal denominado “poder de veto”.
The Constitutional Reasoning Culture in Latin America - Dossier's presentation
Iuris Dictio, 2018
The relevance of studies on constitutional reasoning has grown parallel with the interest in engaging with the global constitutional discourse.Over time, it has become clear that there are numerous possible solutions for our common and divergent concerns. Even though the answers can be different, the way we approach, discuss and debate these problems seem to be very similar. In Latin America today, we can encounter several different theories and approaches to constitutionalism. The question that concerns us here is if one can still seek and find a common ground in the midst of these differences - a common basis that enables us to engage, understand and discuss constitutional issues together.
The Inter-American Rule of Law in South American constitutionalism
Seqüência: Estudos jurídicos e políticos. Universidade Federal de Santa Catarina. Programa de Pós-Graduação em Direito, 2021
The objective of this text is to present the modification of the conception of Rule of Law in the South America constitutionalism, from the dialogue and synergy between the Inter-American System of Human Rights and the new constitutions that emerged after dictatorships, authoritarian regimes, and internal wars, taking Operation Condor as a clandestine inter-American system or as unconventional status quo. We problematize how it is possible to speak of “Inter-American Rule of Law”, which means the reconstruction of that State compatible with the ACHR in the Legislative, Executive and Judiciary spheres, as well the conventionality control and the standards emanating from the IACourtHR to laws, public policies, and national court decisions. Therefore, we defend the thesis that this dialogue can be the key to access the engine room of the constitutions, with the pro persona principle. The methodology used was a theoretical and normative approach, from a hypothetical deductive perspective and prioritizing as sources the bibliography and the caselaw of the IACourtHR.
The recent transformation of constitutional law in Latin America: trends and challenges
2014
Since the mid-1980s, Latin America has seen an intense period of constitutional change, as almost all countries either adopted new constitutions (Brazil in 1988, Colombia in 1991, Paraguay in 1992, Ecuador in 1998 and 2008, Peru in 1993, Venezuela in 1999, and Bolivia in 2009, among others) or introduced major reforms to their existing constitutions (Argentina in 1994, Mexico in 1992, and Costa Rica in 1989). The new Brazilian constitution of 1988 can be viewed as the starting point of this phase of reforms, which is still developing. Obviously there are important national differences. However, despite these national differences, this wave of constitutional reforms in Latin America seems to have some common features. Despite the intensity of the recent constitutional changes in Latin America, I know of no text that has tried to systematically examine the common features of the development of constitutionalism in the region. There are important reflections on the constitutional evolu...