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Julio Ríos-Figueroa

2005

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Full-Text Articles in Social and Behavioral Sciences

The Constitutional Adjudication Mosaic Of Latin America, Julio Antonio Rios-Figueroa, Patricio Navia Jan 2005

The Constitutional Adjudication Mosaic Of Latin America, Julio Antonio Rios-Figueroa, Patricio Navia

Julio Ríos-Figueroa

This article maps current constitutional adjudication systems in 17 Latin American democracies. Using recent theoretical literature, the authors classify systems by type (concrete or abstract), timing (a priori or a posteriori), and jurisdiction (centralized or decentralized). This approach captures the richness and diversity of constitutional adjudication in Latin America, where most countries concurrently have two or more mechanisms. Four models of constitutional adjudication are currently in use. In the past, weak democratic institutions and the prevalence of inter par- tes, as opposed to erga omnes, effects of judicial decisions, prevented the development of constitutional adjudication. Today, democratic consolidation has strengthened …