Dati editoriali
Ricardo Andrés Cano Andrade, Yezid Carrillo de la Rosa, Riccardo Perona “High-Impact Constitutional Litigation”. 86 pp.
ISBN | 9791221411706
Prima edizione digitale: 2022
© Tutti i diritti riservati.
Abstract
The book focuses, in a practical and realistic sense, on what is known in the language of the legal profession as strategic litigation, i.e., litigation that privileges the selection of paradigmatic cases and the prioritization of situations and cases with a clear differential approach, within the constitutional landscape.
Indice
I. BACKGROUND AND CONTEXT: CONSTITUTIONAL INVASION IN THE LATIN-AMERICAN CONTEXT.
II. CONSTITUTIONAL JURISDICTION AS A LEGAL GUARANTEE OF THE CONSTITUTION: HISTORICAL DEVELOPMENT.
-The Constitutional Courts: the Constitutional Guard.
– The constitutional judge: the materialization of constitutional instruments in strategic
litigation.
– The Constitutional Process: The Constitutional Guarantee.
III. THE STRUCTURAL BASES OF ALL CONSTITUTIONAL LITIGATION.
1. Permanent consideration of Fundamental Rights.
2. The formal theory of fundamental rights
2.1. Concept.
2.2. Classification.
2.3. Thesis of distinction.
2.4. Identification thesis.
2.5. Non-coincidence thesis.
2.6. Separation thesis.
3. Normative theory of fundamental rights
3.1. Standard and provision.
3.2. Concept.
4. Adherence to the legal-structural purposes of the current rule of law.
4.1. Liberalism.
4.2. Concept of Substantial Democracy.
4.3. Social Legal Trend.
5. Paradigms of reasonableness as criteria for strategic argumentation.
5.1. Reasoning by Principles.
5.2. Reasoning by Concepts.
5.3. Reasoning by Purpose.
5.4. Reasoning by Cases.
IV. CONSTITUTIONAL LITIGATION TECHNIQUES.
1. Ordinary Constitutional Litigation.
2. Strategic Litigation.
V. CONSTITUTIONAL LITIGATION STRATEGIES.
1. The Components of Constitutional Litigation.
1.1. Legal Component.
1.2. Political Component.
1.3. Social Component.
1.4. Communication Component.
2. The Case Theory.
2.1. Problem Diagnosis.
2.2. The Theoretical Model of Litigation.
2.3. The Case Thesis.
VI. CRITICAL AND CONCLUSIVE REMARKS.
1. Democracy, practice of rights and social transformation.
2. Judicial activity as the head of an integral defense of human rights.
3. The argumentative nature of Constitutional Litigation.
4. Constitutional Justice: a question of comprehensiveness.
VII. Bibliography