Proportionality Analysis as an ‘Analytical Matrix’ Adopted by the Supreme Court of Mexico

This paper explores proportionality analysis as a constitutional standard that allows courts to engage in a public conversation, especially with the legislature. This conversation would consider the concept, structure and normative force of fundamental rights, the way in which two or more rights compete and collide, and as to how a particular disagreement about rights can be addressed. What is particularly appealing is the way in which this approach to proportionality analysis does not prescribe any legitimate means ‘per se’. It is relational because it must apply the means to achieve a particular aim in a real situation and decide if the sacrifice applied to a particular right is proportionate. This may eventually offer better public engagement with judicial arguments and endorse judicial independence by rendering the decision more structured, open and transparent. A further aim of this paper is to fulfill the knowledge gap about the migration of proportionality analysis as a rights adjudication mechanism to Latin America and, at the same time, make a claim for a context-sensitive approach. The hope is that judiciaries will learn from recent pitfalls that occurred under authoritarian regimes in Latin America where decisions were based upon excessive formality and disregard of relevant factors involved in rights claims. The recent adoption of proportionality analysis by the Mexican Supreme Court in 2007 has created the option of a new appraisal of its migration to Latin America

Water commons as a socioenvironmental project for the 21st century in Chile

We describe how the water commons agenda has been mobilized by different social groups of Chilean society, including water social movements and indigenous people, and the way it was included in the constitutional debate (2021–2022). Although the draft for the new Constitution was rejected in September 2022, we argue that the water commons agenda is still being mobilized as a socioenvironmental project for the 21st century. Simply put, the water commons agenda does not disappear with the defeat of the proposed new Constitution. It continues to challenge the neoliberalization of nature and water imposed during the Pinochet dictatorship, proposing to create new ways to sustain the territories of life. HIGHLIGHTS Water and social crisis in Chile.; Social movements and indigenous people mobilize both the water commons agenda and the constituent process.; Constituent Convention declares water as a common good.; Proposed Constitution is rejected by citizenship.; Water commons agenda for the 21st century.