Constitutional Courts in Latin America: A Testing Ground for New Parameters of Classification?

Justin O. Frosini 

Bocconi University - Department of Law; Johns Hopkins University - Bologna Center

Lucio Pegoraro 

University of Bologna - Department of Political and Social Sciences
June 6, 2008

J.O. Frosini, L. Pegoraro, Constitutional Courts in Latin America: A Testing Ground for New Parameters of Classification? in Journal of Comparative Law 3:2, 39-63
A. Harding, P. Leyland (eds), Constitutional Courts. A comparative study, Wildy, Simmonds and Hill, 2009 
Abstract:      

Attempting to classify the constitutional adjudication systems in Latin America is by no means an easy task given the ‘creativity’ that has been used in developing them. Very rich and diverse approaches have been taken and one would commit a gross generalisation if one were to talk of a ‘Latin American model of constitutional justice’. In many respects the object of this research poses a challenge that comparatists are typically faced with: on one hand, the need to avoid oversimplified classifications as these would not meet the aim of providing a precise picture of the legal institutions that are the object of study, on the other, the necessity of also avoiding classifications that are too detailed as these would risk thwarting the very aim of classifying i.e. to group together on the basis of similarities taking into account the differences the components of a certain group might bear to one another.

Number of Pages in PDF File: 25

Keywords: Latin America, Constitutional Courts, Constitutional Review, Comparative Law, Classifications

Full available at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2661380