Comparative and Foreign Law | Rule of Law | Transnational Law
The article focuses, comparatively, on remarkable recent developments in Latin America regarding the programmatic adjudication, procedural enforcement, and internationalization of fundamental entitlements. It applauds, first, the manner in which many Latin American courts have uncompromisingly enforced positive guaranties in the last decade or so. Secondly, it analyzes various widely available procedures for the vindication of rights, including the writ of protection or security, unconstitutionality actions, and collective suits. Thirdly, it studies the manner in which the interaction between domestic and transnational rights has become extremely intense in the region. Finally, it notes the tension between the realization of the juridical precept and the sporadic precariousness of the rule of law and contends that, beyond adopting new measures or punishing violators more severely, Latin American countries must generally enhance the legitimacy of legal norms by renewing their commitment to democracy, as well as to other ideals, such as the rule of law itself, personal freedom, and (above all) solidarity.
Oquendo, Ángel, "The Solitude of Latin America: The Struggle for Rights South of the Border" (2008). Faculty Articles and Papers. 216.