A Latin American Constitutional Law is Possible?

Authors

  • Daniel Hugo Martins

DOI:

https://doi.org/10.18042/cepc/aijc.19.09

Keywords:

Constitutional Rights, representative democracy, human rights, personal property rights, economic freedom, indigenous peoples

Abstract

The article analyses the obstacles which currently exist to build a common constitutional law in Latin America, in spite of the existence of numerous important common characteristics. Not all Latin American states have adopted a democratic regime, representative of that of which is required by the Charter of the Organization of the American States nor do they respect human rights as established by the American Convention on Human Rights and by the Inter-America Democratic Charter, like Cuba and Venezuela.
The South American states which have adopted a democratic regime, are government represented, protect personal property rights and economic freedom are not included in the «new Latin American Constitution.»
The Constitutions of Bolivia and Ecuador establish that the State will govern and plan the economy, promoting community economy, which in turn prevents the practise of economic freedom and, as a result, a common Latin American constitutional right. 

Issue

Section

STUDIES