THE ORIGINS OF JURISDICTIONAL CONTROL OF THE CONSTITUTIONALITY OF LAWS IN LATIN AMERICA Cover Image

LES ORIGINES DU CONTRÔLE JURIDICTIONNEL DE LA CONSTITUTIONNALITÉ DES LOIS EN AMÉRIQUE LATINE
THE ORIGINS OF JURISDICTIONAL CONTROL OF THE CONSTITUTIONALITY OF LAWS IN LATIN AMERICA

Author(s): Francisco Fernández Segado
Subject(s): Law, Constitution, Jurisprudence
Published by: Cugetarea
Keywords: constitutional justice; american model; european model joint model; models in Latin America

Summary/Abstract: It is possible to condensate the idea of America’s contribution to the defense of the constitution, in the sense that on the American continent the jurisdictional defense of the constitution was born in a different manner than in Europe, where political defense was first resorted to. During the fifth decade of XX century, the American influence of „judicial review” would become manifest in Latin America. Nonetheless, the reception of the model of American jurisdictional control won’t be territorially generated, it won’t take place simultaneously in all countries and finally, it will be “less mimetic”. The Latin-American reception of „judicial review” will not involve a homogenization of the procedures destined to defend the constitution but on the contrary, we will encounter essential differences not only between the United States and the Latin American countries, but also, to a larger extent, among the latter, who often followed their own path, showing genuinely suggestive contributions and elements of novelty.

  • Issue Year: 18/2009
  • Issue No: 1
  • Page Range: 56-86
  • Page Count: 30
  • Language: French