E-ICCAL
Overview
General Description and Rationale of the Course
In the context of Latin American constitutionalism, a common law with a transformative vocation has emerged, expressed through a shared discourse in the region, based on legal principles and resulting from the interaction between national constitutional systems and the Inter-American Human Rights System.
The axis of this interaction is the promotion of certain common values, such as the commitment to the realization of human rights, democratic principles, and the rule of law.
The term Ius Constitutionale Commune en America Latina (ICCAL) refers to the analytical framework that examines the dialogue that national courts engage in with the Inter-American system in order to highlight the convergences that emerge from this dialogue, around which the region's transforming constitutionalism has been built.
The purpose of this virtual course is to study Latin American common law in detail, highlighting the ways in which its content has allowed processes of structural social transformation to progress.
To this end, the modules into which the course is divided have been designed to guide students in identifying the normative elements that define Latin American common law, in gaining an overview of the common problems to which this law has responded, and in understanding the mechanisms or legal techniques through which the dialogue between national constitutions and the institutions of the Inter-American Human Rights System takes place.
Upon completion of the course, students should be able to explain how the normative discourse, which is based on rights and principles that constitute the core of Latin American transformational constitutionalism, influences and strengthens the processes of social change that have taken place or are taking shape in the region on the basis of constitutional law.
General Objective:
To understand each of the dimensions that the concept of Ius Constitutionale Commune holds in Latin America, that is, as an analytical framework used to study a normative body that is composed of the elements that make up Latin American common law; as a normative project whose ultimate goal is social transformation through the promotion of human rights, democracy and the rule of law; and as a legal methodology of comparison.
Specific Objectives:
1. ) To identify and understand the characteristics of transformative constitutionalism in Latin America. Particularly in relation to its common objectives and the different legal mechanisms to reach its objectives.
2. ) To learn about the importance of the Inter-American System of Human Rights and how it can be used strategically to promote social change in the region.
3. ) To identify the main actors that are part of the ICCAL community and that strategically use it as a transformative tool.
4. ) To identify the main contributions of the Inter-American System of Human Rights and the national courts in the promotion of social justice
