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Bernal, Carlos --- "The constitutional protection of economic and social rights in Latin America" [2017] ELECD 914; in Dixon, Rosalind; Ginsburg, Tom (eds), "Comparative Constitutional Law in Latin America" (Edward Elgar Publishing, 2017) 325

Book Title: Comparative Constitutional Law in Latin America

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

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781785369209

Section: Chapter 14

Section Title: The constitutional protection of economic and social rights in Latin America

Author(s): Bernal, Carlos

Number of pages: 18

Abstract/Description:

This chapter aims to illuminate answers to two questions: whether there is convergence in the constitutional protection of economic and social rights in Latin American countries; and what can explain the existence or absence of convergence. I will argue that despite the convergence of Latin American constitutions in the entrenchment of economic and social rights under similar circumstances, an analysis of the case law of Latin American apex courts shows that there is only limited convergence and, correlatively, extended divergence concerning the standards of adjudication of those rights. While the beginning of a practice of intra-regional migration of constitutional ideas may account for the convergence, differences in the strength of the judiciary vis-à-vis political authorities may explain the divergence. Keywords: economic and social rights, constitutional rights, reasonableness, proportionality, minimum core, constitutional review