Monday, June 27, 2016

Perlingeiro on European and American Influences on Administrative Law in Latin America

[Last November, we noted the Portuguese version of "A Historical Perspective on Administrative Jurisdiction in Latin America: Continental European Tradition versus US Influence," by Ricardo Perlingeiro, Universidade Federal Fluminense; Tribunal Regional Federal da 2a Região.  He has now published an English-language version, in the British Journal of American Legal Studies 5 (2016): 241-89]
From the perspective of US influence, this text analyses the history of administrative jurisdiction, starting from the 19th Century, in the 19 Latin American countries of Iberian origin (Argentina, Bolivia, Brazil, Chile, Colombia, Costa Rica, Cuba, Ecuador, El Salvador, Guatemala, Honduras, Mexico, Nicaragua, Panama, Paraguay, Peru, Dominican Republic, Uruguay and Venezuela). The analysis includes the US unified judicial system and procedural due process of law to decisions by the administrative authorities, the fertile field of primary jurisdiction, which is in conflict with the Continental European tradition firmly established in Latin American administrative law. While setting out the contradictions of administrative jurisdiction in Latin American countries that result from importing rules without putting them in the proper context, the text seeks to identify trends and create perspective to build a model of administrative justice specific to Latin America, drawing on the accumulated experience of the United States and Continental Europe.