Proportionality and Transformation: Theory and Practice from Latin America (ASCL Studies in Comparative Law)

This is the first book on proportionality in Latin American constitutional law. Leading scholars in the region explore how proportionality analysis has become a key part of the constitutional law of a region where, almost paradoxically, constitutions with clear transformative intentions coexist with the highest indicators of social inequality in the world. In this book, scholars, practitioners and students will find a fascinating account of how proportionality has been a central concept in Latin America's constitutional struggles to curtail excessive uses of state power. The book illustrates how, more recently, proportionality has played an important role in national processes of constitutionalization and transitional justice, and how its current uses in the domain of social rights endow it with a distinctive meaning and role in regional constitutionalism. This pioneering book opens up the space for a much needed global conversation on how Latin America has decisively contributed to comparative constitutional law.

Francisca Pou-Giménez is Senior Researcher at the Institute for Legal Research of the National Autonomous University of Mexico (UNAM) and Lecturer in Law at the Autonomous Technologic Institute of Mexico (ITAM).

Laura Clérico is Professor at the University of Buenos Aires, Senior Researcher at the National Scientific and Technical Research Council of Argentina (CONICET), and Honorary Professor at the University of Erlangen Nuremberg in Germany.

Esteban Restrepo-Saldarriaga is Associate Professor at Universidad de los Andes Law School in Bogotá, Colombia.