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3 J. Comp. L. 39 (2008)
Constitutional Courts in Latin America: A Testing Ground for New Parameters of Classification

handle is hein.journals/jrnatila3 and id is 398 raw text is: JUSTIN 0. FROSINI AND LUCIO PEGORARO Constitutional Courts in Latin America: A Testing Ground for New Parameters of Classification? JUSTIN 0. FROSINI AND LUCIO PEGORARO' Attempting to classify the constitutional adjudication systems in Latin America is by no means an easy task given the 'creativity' that has been used in developing them. Very rich and diverse approaches have been taken and one would commit a gross generalisation if one were to talk of a 'Latin American model of constitutional justice'. In many respects the object of this research poses a challenge that comparatists are typically faced with: on one hand, the need to avoid oversimplified classifications as these would not meet the aim of providing a precise picture of the legal institutions that are the object of study, on the other, the necessity of also avoiding classifications that are too detailed as these would risk thwarting the very aim of classifying i.e. to group together on the basis of similarities taking into account the differences the components of a certain group might bear to one another.' OBJECT OF ANALYSIS To begin we must ask ourselves what exactly is the object of our study? In other words what do we imply by 'Latin America' and what meaning do we intend to give to this expression herein? These questions would appear banal, but in actual fact they are anything but that because without a clear geographical delimitation this research would inevitably lose value. * Justin 0. Frosini is Lecturer of Public Law, Bocconi University, Milan, and Director of the Center for Constitutional Development, Bologna, Italy. Lucio Pegoraro is Full Professor of Comparative Public Law, University of Bologna, Italy. This article is the result of the combined efforts of both authors, however, the first two paragraphs (i.e. Object of Analysis and Models of Constitutional adjudication and the Parameters of Classification) were written by Lucio Pegoraro while the others (starting with Latin America and Conventional Models of Constitutional Review: A Historical Overview) were written by Justin 0. Frosini. The premise and the concluding remarks are by both. The authors would like to thank Francesco Biagi for his help in research of data and Andrew Harding, Antonio Hern~ndez and Peter Leyland for their useful comments and constructive observations. 1 For the difficulties related to the methodology of classification see Pegoraro, L and Rinella, A (2007), Diritto pubblico comparato. Profili metodologici Cedam at 15. JCL 3:2 39

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