Abstract

GARGARELLA, Roberto. The “new Latin American constitutionalism”. Rev. Urug. Cienc. Polít. [online]. 2018, vol.27, n.1, pp.109-129. ISSN 0797-9789.  https://doi.org/10.26851/rucp.27.5.

This article studies the evolution of Latin American constitutionalism from its origins, paying particular attention to the last wave of constitutional reforms that took place towards the end of the 20th century and that gave rise to the so-called “new Latin American constitutionalism”. The text draws attention to the deep continuities between this “new” constitutionalism and the more traditional and archaic - “old”- regional constitutionalism, regarding the organization of rights, as well as the predominant institutional design. The article argues, in particular, that the organization of power that still predominates in a majority of constitutions in the region continues to be defined by the elitist and authoritarian features of the liberal-conservative period that prevailed in Latin America between the years 1850 and 1890.

Keywords : Latin America; Rights; Democracy; “Engine room”; Constitution..

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