This presentation critically examines the concept of Ius Constitutionale Commune Latinoamericanum (ICCAL) as a phenomenon of judicialization of politics at the regional level. To problematize its “common” character and based on the assertion that constitutional law is political, some features of the ICCAL are analyzed: (i) the ideology that inspires it, (ii) the theory in which the concept is supported and (iii) the institutional arrangement that sustains it. Under the understanding that every constitutional project is inextricably linked to an institutional design that carries it out, the commitment to a jury-centered model, anchored in the interpretation that the Inter-American Court of Human Rights makes of the rights recognized as universal is criticized. Proposing, in contrast, a sense of the common according to which the system is based on deliberative and egalitarian procedures that can strengthen the democratization of the region.
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