Desafíos de la interamericanización del derecho: La contribución del ius constitutionale commune

Abstract

This article analyzes some key particularities of the process of the globalization of law in Latin America and we will be referring to the concept of inter-Americanization in order to understand these particularities. Within the construction and development of law, the countries of this region have historically had fractured and relative frontiers. However, for some decades the institutional dialogue among exporter countries (the so-called global north) and recipient countries (the so-called global south) of rules, along with certain principles and juridical science have been dramatically changing. Currently, interactions have also become horizontal among global southcountries that have built their own dialogue from theoretical, judicial and doctrinary elements from the global north canon. Ius Constitutionale Commune is the legal conception with the greatest ability to understand the interamericanization of law in the region and analyze one of its most challenging characteristics, among them the possibility of social transformation from constitutionalism.