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Latin American Constitutionalism, 1810-2010The Engine Room of the Constitution$
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Roberto Gargarella

Print publication date: 2013

Print ISBN-13: 9780199937967

Published to Oxford Scholarship Online: September 2013

DOI: 10.1093/acprof:oso/9780199937967.001.0001

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Grafting Social Rights onto Hostile Constitutions

Grafting Social Rights onto Hostile Constitutions

(p.132) 7 Grafting Social Rights onto Hostile Constitutions
Latin American Constitutionalism, 1810-2010

Roberto Gargarella

Oxford University Press

The seventh chapter studies the fundamental issue of social rights, and the problems and paradoxes raised by their introduction into the region’s reformed Constitutions. In particular, the chapter explores the problems generated by “legal transplants”; the questions posed by the existence of “dormant clauses”; and the difficulty of “translating” imported solutions into local legal language.

Keywords:   Constitutional transplants, constitutional grafts, “dormant clauses” “legal translation”, legal imports

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