The Great Promise of Comparative Public Law for Latin America
The Great Promise of Comparative Public Law for Latin America
Toward Ius Commune Americanum?
This chapter analyzes “ius constitutionale commune in Latin America” (ICCLA) in light of comparative international law. For the proponents of ICCLA, this represents a common public law of the region that emerges through judicial dialogue among the Inter-American Court of Human Rights (IACHR) and Latin American national courts. This chapter questions this assumption, first by focusing on the ideological and theoretical genesis of this project, which is the product of a trans-regional academic discourse centered on a German conception of European constitutionalism (Gemeineuropäisches Verfassungsrecht). Next, it addresses the main features of the regional judicial dialogue, considering whether it truly reveals a pluralistic conversation, or instead denotes a monologue promoted by the IACHR. It argues that the latter comes closer to the truth, a conclusion that leads to a reconsideration of the pluralistic narrative about ICCLA. This, in turn, raises serious doubts about the emergence of ius commune in Latin America.
Keywords: Ius constitutionale commune, Latin America, Gemeineuropäisches Verfassungsrecht, IACtHR, national courts, trans-regional academic discourse, regional judicial dialogue, common public law, pluralism
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