Transformative Constitutionalism: An Original Latin American Understanding of Public Law

The constitutionalization of international law and the internationalization of constitutional law are deeply interrelated. It is therefore consistent, from a Latin American perspective, to turn to categories such as “ius commune”, “regionalization”, “Inter- Americanization” or other synonymous terms to describe this process. Some “neo-formalist” concerns have been raised against transformative constitutionalism and its expansive effect on the dissemination of constitutional law in the region. For example: (i) the originality of the idea; (ii) its fostering of judicial activism; (iii) its supposed cherry picking methodology; (iv) the type of judicial dialogue; and (v) the conventionality control doctrine. My intervention in this debate will demonstrate the misunderstanding of the critics and their preconceptions about the transformative constitutionalism that shape the emergence of an original Latin American understanding of public law.