Victor Ferreres Comella

89 Texas L. Rev. 1967

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Professor Victor Ferreres Comella identifies a theme from the Constitutional Review panelists, namely “Courts in Latin America and the constraints of the civil law tradition.”  He views the panel’s identification of the structural limitations on courts as on point but wonders how best to account for the limited respect for precedent in Latin America, as against the constitutional values of certainty and equality.  Abstract review guards against the weak nature of precedent, but there has not been a systematic study to date of this review mechanism in practice.  Also unanswered is how judges approach abstract review and whether they treat matters differently depending on their scope.  Systematic analysis is also lacking with respect to the judicial practice of reconstructing problematic statutes.  Consideration of these issues, according to Professor Victor Ferreres Comella, would advance the academic conversation.