13. Comparative Latin American Constitutionalism
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Indice
Silvia Bagni, Serena Baldin
Introduction
The Methodological Approach
Lucio Pegoraro
Comparison with (and within) Latin America. A Critical Introduction
Legal Systems and Forms of State
Sabrina Lanni
Latinoamérica: Law, System and Tradition of a Patria Grande
Silvia Bagni
Forms of State in Latin America
Territorial Organization
Giorgia Pavani
Unitary State and Federal State in Latin America: Two Evolving Categories
Amilcare D'Andrea
Decentralisation, Pluralism, Indigenous Communities and Popular Power in Latin America between Unitary States and Federal States
Forms of Government
Edmondo Mostacci
The Other Side of Latin American Presidentialism: Costa Rica and Uruguay
Francesco Duranti
The Presidential Form of Government in Argentina and Chile
Constitutional Justice
Serena Baldin, Enrico Buono
The Pantocratic Model of Constitutional Justice in Ecuador and Bolivia
Anna Ciammariconi
Constitutional Justice in Argentina and Brazil
Details
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.
Silvia Bagni is Associate Professor in Comparative Public Law at the University of Bologna (Italy) and, since 2022, PI of 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”.
Serena Baldin is Associate Professor in Comparative Public Law at the University of Trieste (Italy) and currently Jean Monnet Module Coordinator of the project “The Rule of Law in the new EU Member States”, co-funded by the European Union.