Proportionality and Transformation Theory and Practice from Latin America

FRANCISCA POU GIMÉNEZ ; LAURA CLÉRICO; ESTEBAN RESTREPO SALDARIAGA

Cambridge University Press

Lugar: Cambridge; Año: 2022 p. 331

9781009201803

The book is organized in three parts. Contributions in Part I reconstruct and assess the role of proportionality-based adjudication in countries of the region over the past decades. Those in Part II explore how it has played out in an area that is crucial in the context of regional constitutionalism: equality and social rights. Part III provides elements that help situate proportionality-related developments within a wider frame of critical evaluation. There is information about country trajectories in all chapters; there is insight about the challenges of interpreting and implementing regional egalitarian constitutions in all chapters; and there are elements in all chapters to complexify and refine the analysis about the successes and failures of proportionality in attempts to transform contexts of structural injustice. Our goal was not to produce a systematic, comprehensive assessment of the status and uses of proportionality in the countries of the region, nor to generate a theoretical framework about its transformative potential destined and use it to evaluate country-based trajectories. This is one of the first books in English about proportionality (from a constitutional law comparative perspective) in Latin America but not the only possible conceptual and doctrinal take on the subject, and we hope it will be followed by many others. Pou, Francisca; Clérico, Laura; Restrepo, Esteban, Proportionality and Transformation. Theory and Practice from Latin America, (ASCL Studies in Comparative Law). Cambridge: Cambridge University Press. doi:10.1017/9781009201797 ISBN: 9781009201803 (hardback)