Deference and Pluralism in the Latin American Ius Constitutionale Commune: Propositions from Judicial Dialogue

In order to face structural inequalities and exclusion, Latin-American legal pluralism intents to harmonize multidimension human rights norms around a common constitutional project: ICCAL – ius constitutionale commune en América Latina. It aims at unblocking national changes through transformative constitutionalism and conventionality control so there may be a cooperative dialogue between regional and national jurisdictions. However, such judicial dialogue tends to be assertive from the regional court due to a historical lack of cooperation from national Executives, which leaves little space for a deference doctrine abe to preserve legal pluralism instead of blurring it in such uniformity that begs for legitimacy. Through bibliographical and Inter-American caselaw research, this study proposes criteria for a dialogical deference towards national decisions with attention to the powerful purpose of ICCAL of pointing solutions to Latin American most acute challenges on human rights.