This book delves into the ongoing discussions regarding transformative constitutionalism and its connection to international human rights law. The author examines the national constitutional and global justice systems in place for safeguarding human rights to determine whether there is a gradual shift towards a universal system of constitutional justice that prioritizes the dignity of all individuals. The book argues that, as a consequence of the broad lines of convergence between constitutional and international human rights law, an international constitutional system of human rights has been developed, ushering the emergence of a ius constitutionale commune, developed simultaneously in a convergent cooperation by a global community of interpreters composed of constitutional and international judges. The volume also offers a one-of-a-kind comparative analysis of non-compliance with constitutional norms in international human rights law, as evidenced by the case law of the European, Inter-American, and African human rights courts. Presenting a distinct and valuable contribution, the book will be of interest to academics and researchers working in the areas of Constitutional Law and Politics, Human Rights Law, Public Law and Comparative Law.
This book delves into the ongoing discussions regarding transformative constitutionalism and its connection to international human rights law.
1. Introduction;
2. The New Paradigm of Rights and Law;
3. The
Interactions between Constitutional and International Human Rights Law;
4.
Effective International Judicial Protection;
5. Introduction to the
International Control of the Conventionality of Constitutions andIits
Development in Africa and Europe;
6. Conventionality Control of Constitutions
in the Inter-American System;
7. Case Study: Constitutional Clauses of
Jurisdictional Immunity in The Caribbean;
8. Domestic Conventionality Control
of Constitutions;
9. The Appropriate Conventionality Control by Domestic
Courts;
10. Abusive Conventionality Control;
11. Venezuela: From the Defeated
Unconstitutional Reform to the Fraudulent Amendment for Indefinite
Presidential Reelection or From Democracy to a Quasi-Elective Dictatorship;
12. The Response by the Inter-American System to Indefinite Reelection;
13.
Precautionary and Provisional Measures: A True International "Amparo";
14.
Case Study: Collective Provisional Measures Concerning Prison Conditions;
15.
Conclusion.
Carlos Ayala Corao is a tenured professor of Constitutional Law and Professor of International Human Rights Law at Universidad Catolica Andres Bello, Venezuela, and currently a visiting scholar at the American University Washington College of Law. He has taught graduate courses at the University of Oxford, UK, University of Bologna, Italy, Georgetown University, USA, Universidad Central de Venezuela, and Universidad Panamericana, Mexico.
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