The Future of Transformative Public Law in Latin America: How to Engage States in a Cooperative Dialogue?
The close interaction between domestic constitutional law and international human rights law is one of the driving forces behind the idea of the Ius Constitutionale Commune en América Latina (ICCAL). Yet, the contours of this dialogue between domestic, regional, and international actors have shifted over time. During the last decade, a stronger call for increased national subsidiarity has emerged, which calls into question the strong transformative ambition spearheaded by the Inter-American human rights institutions. This tension has become most prominent in the debate on the conventionality control and the margin of appreciation. This panel analyzes how those challenges have influenced – and will influence – the consolidation of a common constitutional legal space in Latin America. It brings together a plurality of perspectives to discuss how these dialogues can be structured in the spirit of transformative public law in Latin America.