THE PROMISES OF NATIONAL CONSTITUTIONS FROM A TRANSFORMATIVE REGIONAL CONSTITUTIONALISM

Ius Constitutionale Commune en América Latina suggests that the transformative impact of law in Latin America is highlighted in the potential of national constitutions and the Inter-American system to jointly address structural deficiencies through the protection of human rights, democracy and the rule of law. This presentation will argue that such a transformative effect is achieved through three complementary processes: open statehood, “inter-Americanization”, and an Inter-American democratic test with definite red lines. The question is to explore, by looking ahead, the potential of novel re-readings and what are the challenges in guaranteeing the “never again” (nunca más)?