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

Abstract

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.