UNI-MB - logo
UMNIK - logo
 
E-viri
  • Baena's mirage: Lights and ...
    García-Huidobro, Luis Eugenio; Guidi, Sebastián

    International journal of constitutional law, 12/2021, Letnik: 19, Številka: 4
    Journal Article

    In the context of a growing interest in comparative administrative law in Latin America, an emerging academic project asserts the existence of a "common administrative law" in the region, inspired by the so-called ius constitutionale commune in Latin America. In this essay, we examine the impact of the Baena decision (Inter-American Court of Human Rights, 2001) on the administrative regimes of Argentina, Chile, and Mexico so as to reveal the limitations of such a project. We speculate that the limited impact of this decision can be explained by particular characteristics germane to administrative law that tend to be overlooked from a constitutionalist optic. Finally, we draw from our case studies to make methodological recommendations to those who want to undertake comparative administrative law studies in the region.