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Latin America possesses an enormously rich constitutional history, one that has only recently become the subject of scholarly inquiry. As noted legal theorist Roberto Gargarella contends, contemporary

The long revolutionary movements that gave birth to constitutional democracies in the Americas were founded on egalitarian constitutional ideals. They claimed that all men were created equal with similar capacities and also that the community should become self-governing. Following the first constitutional debates that took place in the region, these promising egalitarian claims, which gave legitimacy to the revolutions, soon fell out of favor. Advocates of a conservative order challenged both ideals and favored constitutions that established religion and created an exclusionary political structure. Liberals proposed constitutions that protected individual autonomy and rights but established severe restrictions on the principle of majority rule. Radicals favored an openly majoritarian constitutional organization that, according to many, directly threatened the protection of individual rights. This book examines the influence of these opposite views during the 'founding period' of const

The long revolutionary movements that gave birth to constitutional democracies in the Americas were founded on egalitarian constitutional ideals. They claimed that all men were created equal with similar capacities and also that the community should become self-governing. Following the first constitutional debates that took place in the region, these promising egalitarian claims, which gave legitimacy to the revolutions, soon fell out of favor. Advocates of a conservative order challenged both ideals and favored constitutions that established religion and created an exclusionary political structure. Liberals proposed constitutions that protected individual autonomy and rights but established severe restrictions on the principle of majority rule. Radicals favored an openly majoritarian constitutional organization that, according to many, directly threatened the protection of individual rights. This book examines the influence of these opposite views during the 'founding period' of const

Juan GonzA!lez-Bertomeu is Assistant Professor of Law at Instituto TecnolA3gico AutA3nomo de MAcxico (ITAM). He specializes in constitutional law, constitutional adjudication, empirical studies, and l

Series: Critical Concepts in CriminologyCourts in Latin America are increasingly asserting a stronger role in public and political discussions. This casebook takes account of this phenomenon by offeri

Gargarella (Torcuato di Tella University, Argentina) collects case studies from Latin America, Africa, India, and Eastern Europe to examine the role of courts as a channel for social transformation to

This title examines the political role of courts in new democracies in Latin America and Africa, focusing on their ability to hold political power-holders accountable when they act outside their const

This title examines the political role of courts in new democracies in Latin America and Africa, focusing on their ability to hold political power-holders accountable when they act outside their const

Why do courts hold political power-holders accountable in some democratic and democratizing countries, but not in others? And, why do some courts remain very timid while others—under seemingly similar

Legacies of State Violence and Transitional Justice in Latin America deconstructs the myth of unanimous support for the transitional justice paradigm across Latin America and conceptualizes transition