Home | Databases | WorldLII | Search | Feedback Edited Legal Collections Data

Huneeus, Alexandra --- "The institutional limits of Inter-American constitutionalism" [2017] ELECD 913; in Dixon, Rosalind; Ginsburg, Tom (eds), "Comparative Constitutional Law in Latin America" (Edward Elgar Publishing, 2017) 300

Book Title: Comparative Constitutional Law in Latin America

Editor(s): Dixon, Rosalind; Ginsburg, Tom

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781785369209

Section: Chapter 13

Section Title: The institutional limits of Inter-American constitutionalism

Author(s): Huneeus, Alexandra

Number of pages: 25

Abstract/Description:

This chapter discusses the emergence of Inter-American constitutionalism by addressing two related questions. First, how has the Inter-American Court, despite its significant institutional constraints, come to be perceived as an entity that is forging a new American constitutional order by reshaping the content and practice of constitutional law in the region? Second, at what point will the Court have gone too far, such that we should worry about its incursion on the turf of domestic institutions, including but not limited to constitutional courts? By addressing these two puzzles – one empirical and one normative – the chapter aspires to put the emerging field of empirical studies of the Inter-American Court in closer dialogue with debates among legal scholars over the proper level of deference the Inter-American Court should exhibit. Keywords: Inter-American Court, Inter-American Constitutionalism, conventionality control, judicial dialogue, structural remedies, constitutional block