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a network of constitutionalists from countries throughout the world

Book: ‘Law and Policy in Latin America: Transforming Courts, Institutions, and Rights’ edited by Pedro Fortes, Larissa Boratti, Andres Palacios and Tom Gerald Daly

9781137566935Law and Policy in Latin America: Transforming Courts, Institutions, and Rights was recently published by Palgrave MacMillan as part of the University of Oxford’s St Antony’s Series. Edited by Pedro Fortes, Larissa Boratti, Andres Palacios and Tom Gerald Daly, the book offers a comprehensive introduction to law and policy responses to contemporary problems in Latin America, such as human rights violations, regulatory dilemmas, economic inequality, and access to knowledge and medicine.

The collection contains 19 chapters written by sociologists, lawyers, and political scientists on the transformations of courts, institutions and rights protection in Latin America, all of which stem from presentations at conferences in Oxford and UCL organised by the editors. Aimed at students and scholars interested in policymaking, public law, and development, the contributions present original analyses based on rigorous research, innovative case-studies, and interdisciplinary perspectives, all written in an accessible style.

Although the contributions to the book range well beyond constitutional law, constitutional lawyers will find much of interest. The first part of the five-part collection addresses ‘Courts, Constitutionalism and the Inter-American System’, containing four chapters by a mixture of emerging and establishing scholars including Lawrence Friedman, Marcelo Torelly and Tom Gerald Daly. These chapters discuss the relationship between the Inter-American Court of Human Rights and domestic courts, its visibility to the public across Latin America, compliance with its decisions, and the way in which the Inter-American system as a whole reshapes domestic constitutional rights.

Many chapters in the remaining four parts of the collection also squarely address constitutional matters and human rights. These include Roberto Gargarella on two centuries of Latin American constitutionalism, Alberto Coddou McManus on anti-discrimination law, Malu Gatto on gender quotas, Pedro Fortes on policy proposals to address human rights violations in Brazil, Emmanuel Oke on patenting medicine from a right to health perspective, and Julia Mattei and Larissa Verri Boratti on constitutional protection of the environment.

As Timothy Endicott, Professor of Legal Philosophy at the University of Oxford, notes in the preface, the collection is an exercise in “knocking down barriers…by putting the study of law together with the study of policy, economics and politics. … through comparative study of the laws of Latin American jurisdictions, and study of the relations between the Inter-American Human Rights System and the law and politics of particular countries. … by connecting the study of law and policy with the study of history. … by putting questions of the substance of the law in the context of the challenges of process and enforcement, and by focusing on the role of institutions. The topics covered are of importance to every region in the world today”.

More information on the book, and ordering the book, can be found here.

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This entry was posted on June 19, 2017 by in Author's Note, Book, Latin America.
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