Browsing by Autor "Juan C. Herrera"

Filter results by typing the first few letters
Now showing 1 - 2 of 2
  • Thumbnail Image
    Item type: Item ,
    International and Constitutional Law in the Americas
    (Oxford University Press, 2024) Juan C. Herrera; Paola Andrea Acosta-Alvarado
    Abstract This chapter explains the interrelations between constitutional and international law with special emphasis on the sources or clauses of international projection in the Constitutions of the Americas and the Caribbean. Through the description and analysis of the normative taxonomies of each of the 36 Constitutions in force in the region, we offer a big picture of the internationalization of constitutional law and at the same time of the elements that make up the constitutionalization of international law in the region. The connections are demonstrated through practical examples of the impact on domestic legal systems in the areas of human rights, regional integration, and investment law. The main contribution of this study lies in subsuming in a few pages the identification of the intersections of international and constitutional law in the Americas with a view to the relations between the local, national, regional, and international.
  • Thumbnail Image
    Item type: Item ,
    La idea de un derecho común en América Latina a la luz de sus críticasThe idea of a common law in Latin America in light of its critiques
    (Oxford University Press, 2021) Juan C. Herrera
    Abstract In Latin America, recent developments have achieved a significant relevance for contemporary debates on public law. This emergence is characterized by a transformative and original ius commune in several parts of the region. The potential of this phenomenon from the perspective of the Ius Constitutionale Commune in Latin America is defined as the emergence of a special form of understanding of the legal interconnections between the national and the international. The critical legal studies consider it to be an anti-formalist academic project of a universalist nature. Therefore, it does not represent a phenomenon that is specific to the region, rather a Eurocentric aspiration. Regarding the practical field, critiques question the overemphasis on the judiciary and how judicial dialogue is developing in the region, as well as the risks involved in adopting maximalist positions. In this article, I engage in a dialectical exchange with the central axes of these critiques.