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30 - Collectivization

from Part IV - Connection

Published online by Cambridge University Press:  18 June 2022

Ángel R. Oquendo
Affiliation:
University of Connecticut
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Summary

So-called diffuse-rights actions, which resemble those under civilly procedural Rule 23(b)(2) or citizen suits in the United States, seem to have developed dramatically in Latin America over the last three decades. They usually entitle anyone to represent the polis as a whole or a specific subgroup, without forcing her to attest an individualized injury. She may press for equitable or often reparative relief to substantiate societal safeguards, like those in favor of the ecology or precious monuments. The almost universally exercisable unconstitutionality-complaint provides a special case in point. Apparently unprecedented north of the border and having outdistanced its forebears on the European Continent, it alternatively empowers her to actualize the polity’s commitment to legislators’ or administrators’ adherence to constitutionalized constraints. She may have unconstitutional norms invalidated as such before their application. Independently of the entitlement effectuated or the remedy requested across the board, the dispositional outcome normally hinders everyone else from attempting anew. Essentially, it extinguishes her priorly available license to litigate.

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Publisher: Cambridge University Press
Print publication year: 2022

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  • Collectivization
  • Ángel R. Oquendo, University of Connecticut
  • Book: Through Thin and Thick
  • Online publication: 18 June 2022
  • Chapter DOI: https://doi.org/10.1017/9781108776288.031
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  • Collectivization
  • Ángel R. Oquendo, University of Connecticut
  • Book: Through Thin and Thick
  • Online publication: 18 June 2022
  • Chapter DOI: https://doi.org/10.1017/9781108776288.031
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Collectivization
  • Ángel R. Oquendo, University of Connecticut
  • Book: Through Thin and Thick
  • Online publication: 18 June 2022
  • Chapter DOI: https://doi.org/10.1017/9781108776288.031
Available formats
×