Skip to main content Accessibility help

We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.

Close cookie message
×
  1. Home
  2. Search

Refine search

Refine search

Access:
Content type:
Publication date:
Apply   From and To filters
Subject: Show more
Journals Show more
Publishers: Show more
Societies Show more
Series: Show more
Collections: Show more

Actions for selected content:

Select all | Deselect all
  • View selected items
  • Export citations
  • Download PDF (zip)
  • Save to Kindle
  • Save to Dropbox
  • Save to Google Drive

Save Search

You can save your searches here and later view and run them again in "My saved searches".

Please provide a title, maximum of 40 characters.
Cancel
×

1 results

  • Epilogue

  • from Part III - Proportionality, between Transformation and the Status Quo
  • Edited by Francisca Pou-Giménez, Laura Clérico, Universidad de Buenos Aires, Argentina, Esteban Restrepo-Saldarriaga, Universidad de los Andes, Colombia
  • Book:
    Proportionality and Transformation
    Published online:
    27 October 2022
    Print publication:
    03 November 2022, pp 309-324

  • Summary

    This chapter explores the contrasting role of proportionality discourse in the USA and in Latin America. Although the USA provided an important constitutional model for Latin American countries, the latter does not share the former’s disinterest in the proportionality framework, which is considered foreign to the legal tradition of the country despite the fact it is arguably harmonic with the approach to law creation in the common law tradition. The chapter seeks possible explanations for the contrast in four elements: the importance in Latin America of centralized, specialized constitutional jurisdiction; the tradition of borrowing constitutional jurisprudence from abroad; the openness to constitutional change and innovation; and sensitivity to the egalitarian potential of rights review, even if that potential remains largely unrealized, which favors experimentation around proportionality. The USA sits at the opposite end of the spectrum along each of the dimensions that support proportionality analysis.