Between a Rock and a Hard Place: Constitutional Reasoning in Latin America
Court decisions are among the central objects of high hopes in Latin America – they are, however, among the least observed from an empirical and doctrinal point of view. Especially, in the midst of intense social mobilizations and diverse challenges to democratic institutions, measuring and discussing the reason-giving activities of constitutional courts in Latin America could be key for a rational and constructive discourse on a regional level. In this panel, we aim to provide a fruitful dialogue on constitutional reasoning supported by an original dataset of 640 observations from 15 jurisdictions of Latin America and the Caribbean. This might strengthen and refine existing theories on judicial/constitutional review as well as contribute to the heuristic assessment of constitutional reasoning in regions other than Western Europe and North America. Our presentations stem from a methodology using doctrinal and empirical perspectives, comprising both within- and cross-country variation.