Constitutional Change and Transformation in Latin America

Author: Richard Albert; Carlos Bernal; Juliano Zaiden Benvindo
Publisher: Hart Publishing
ISBN: 9781509923502

Published In: July 2019
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781509946273

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Over the past thirty years, Latin America has lived through an intense period of constitutional change. While some reforms were limited in their design and impact, others were far-reaching transformations to basic structural features and fundamental rights. Scholars interested in the law and politics of constitutional change in Latin America are turning increasingly to comparative methodologies to expose the nature and scope of these changes, to uncover the motivations of political actors, to theorize how to better execute the procedures of constitutional reform, and to assess whether there should be any limitations on the power of constitutional amendment.

In this collection, leading voices in Latin American constitutionalism explore the complexity of the vast topography of constitutional developments, experiments and perspectives in the region. This volume offers a deep understanding of modern constitutional change in Latin America and of its implications for constitutionalism, democracy, human rights and the rule of law.

Foreword: The Life and Death of Constitutions in Latin America: Constitutional Amendments, the Role of Courts and Democracy - Luís Roberto Barroso

Introduction: Facts and Fictions in Latin American Constitutionalism - Juliano Zaiden Benvindo, Carlos Bernal and Richard Albert

PART I: POPULAR AND POPULIST CONSTITUTIONAL DEMOCRACY

1. Constitution-Making (without Constituent) Power: On the Conceptual Limits of the Power to Replace or Revise the Constitution - Carlos Bernal

2. Continuity and Change in Latin America: The Ever-Present Authoritarianism and the Democratic Capacities of the New Latin American Constitutions - Fernando José Gonçalves Acunha

3. Constitutional Moments and Constitutional Th resholds in Brazil: Mass Protests and the 'Performative Meaning' of Constitutionalism - Juliano Zaiden Benvindo

4. Constitutional Unamendability in Latin America Gone Wrong? - Yaniv Roznai

PART II: JUDICIAL REVIEW OF CONSTITUTIONAL AMENDMENT

5. The Colombian Constitutional Court's Doctrine on the Substitution of the Constitution - Juan F. González-Bertomeu

6. We the People, They the Media: Judicial Review of Constitutional Amendments and Public Opinion in Colombia - Vicente F. Benítez-R

7. 'Resistance by Interpretation': Supreme Court Justices as Counter-Reformers to Constitutional Changes in Brazil in the 90s - Diego Werneck Arguelhes and Mariana Mota Prado

8. The Judicial Review of Constitutional Amendments in Brazil and the Super-Countermajoritarian Role of the Brazilian Supreme Court – The Case of the 'ADI 5017' - Eneida Desiree Salgado and Carolina Alves das Chagas

9. The Role of the Chilean Constitutional Court in Times of Change - Sergio Verdugo

PART III: CONSTITUTIONAL REFORM AND STABILITY

10. The Paradox of Mexico's Constitutional Hyper-Reformism: Enabling Peaceful Transition While Blocking Democratic Consolidation - Francisca Pou Giménez and Andrea Pozas-Loyo

11. The Political Sources of Constitutional Amendment (Non)Difficulty in Mexico - Mariana Velasco Rivera

12. Subnational Constitutionalism and Constitutional Change in Brazil: The Impact of Federalism in Constitutional Stability - Breno Baía Magalhães

13. Legislative Process and Constitutional Change in Brazil: On the Pathologies of the Procedure for Amending the 1988 Constitution - Leonardo Augusto de Andrade Barbosa

14. Transformative Constitutionalism and Extreme Inequality: A Problematic Relationship - Magdalena Correa Henao