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Academia, Género,
Derecho y Sexualidad.

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Palabras clave: 'Jorge Contesse'.
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Capítulo de libro

Constitucional limits on the power of the executive

Elsa Genoveva Guerra Rodríguez
2016

Traditionally relegated because of political pressure and public expectations, courts in Latin America are increasingly asserting a stronger role in public and political discussions. This casebook takes account of this phenomenon, by offering a rigorous and up-to-date discussion of constitutional adjudication in Latin America in recent decades. Bringing to the forefront the development of constitutional law by Latin American courts in various subject matters, the volume aims to highlight a host of creative arguments and solutions that judges in the region have offered.

The authors review and discuss innovative case law in light of the countries’ social, political and legal context. Each chapter is devoted to a discussion of a particular area of judicial review, from freedom of expression to social and economic rights, from the internalization of human rights law to judicial checks on the economy, from gender and reproductive rights to transitional justice. The book thus provides a very useful tool to scholars, students and litigants alike.

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Artículo

Foreword: Gender Justice in the Americas: A Transnational Dialogue on Violence, Sexuality, Reproduction, and Human Rights

Alma Luz Beltrán y Puga Murai, Caroline Bettinger-López, Jorge Contesse, Paola García Rey, Diana Hortsch
2011

In February 2011, 110 advocates and scholars from 20 countries in North and South America gathered at the University of Miami in Miami, Florida to attend a groundbreaking convening, Gender Justice in the Americas: A Transnational Dialogue on Violence, Sexuality, Reproduction, and Human Rights. The convening arose at a unique historical moment. In recent years, we have witnessed significant shifts in the normative and policy landscape concerning issues of gender, sexuality, violence against women, and human rights at the national, regional and international levels. Legislative and executive bodies, domestic courts, and international tribunals have, in several instances, made tremendous progress in recognizing new protections in these areas; and in other instances, these entities have rolled back established protections. As the convening’s co-organizers, we hoped that this timely gathering would expose participants to these developments, and foster a strategic exchange of information to advance advocacy at the domestic and international levels. We intended to assess common threats, and to create opportunities for coalition and movement-building amongst key women’s rights, gender, and sexuality advocates and scholars in the Americas. Specifically, we hoped the convening would stimulate interest in the use of the international human rights framework as a tool for gender, sexuality, and women’s rights advocacy in the United States and Canada (where human rights principles and rhetoric are invoked less often than in Latin America) and to reflect on the potential for domestic impact litigation in the Caribbean and Latin America (where such litigation is less familiar than in the United States and Canada). We also sought to facilitate participants’ reexamination of the roots of women’s rights and gender justice movements globally and recognition of the fundamental links between gender-based violence, reproductive justice, discrimination, sexuality, and health - links that are underscored when one brings a human rights lens to the inquiry. We hoped the convening could help to bridge our geographic, linguistic, conceptual, and professional divides and foster the development of a new “Gender Justice Network” of advocates and scholars spanning the Western hemisphere.This Foreword attempts to capture the essence of the Convening and the keynote speeches, articles, and essays that were published in a Special Convening Edition of the Miami Law Review (65 U. Miami L. Rev. (Spring 2011)).

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Capítulo de libro

Judicial Review and Rights Protection in Latin America: The Debate on the Regionalization of Activism

Francisca Pou Giménez
2015 | Routledge

Over the past two decades, legal thought and practice in Latin America have changed dramatically: new constitutions or constitutional reforms have consolidated democratic rule, fundamental innovations have been introduced in state institutions, social movements have turned to law to advance their causes, and processes of globalization have had profound effects on legal norms and practices. Law and Society in Latin America: A New Map offers the first systematic assessment by leading Latin American socio-legal scholars of the momentous transformations in the region.

Through an interdisciplinary and comparative lens, contributors analyze the central advances and dilemmas of contemporary Latin American law. Among them are pioneering jurisprudence and legal mobilization for the fulfillment of socioeconomic rights in a highly unequal region, the rise of multicultural constitutionalism and legal struggles around identity politics, the globalization of legal education and practice, tensions between developmental policies and environmental justice, and the emergence of a regional human rights system. These and other processes have not only radically altered the institutional landscape of the region, but also produced academic and practical innovations that are of global interest and defy conventional accounts of Latin American law inherited from law-and-development studies.

Painting a portrait of the new Latin American legal thought for an international audience, Law and Society in Latin America: A New Map will be of particular interest to students of comparative law, legal mobilization, and Latin American politics.

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