Comparative Constitutional Reform in Latin America

Some constitutional amendments are not really amendments. This book draws from law, history, and politics both to demonstrate that Latin American constitutions have been the target of constitutional dismemberment and to explain the social and political forces behind these transformative reforms as well as their consequences.

Some constitutional amendments are not really amendments. They are transformative constitutional reforms that reject the essential characteristics of the constitution and destroy its foundations. These constitutional changes demolish the basic structure of the constitution while at the same time building a new foundation rooted in principles contrary to the old. Latin America has been particularly susceptible to constitutional dismemberments. This book draws from law, history, and politics both to demonstrate that Latin American constitutions have been the target of constitutional dismemberment and to explain the social and political forces behind these transformative reforms as well as their consequences. The outstanding contributors to this volume apply the concept of constitutional dismemberment systematically across the region, drawing from the rich history of constitutional activity in some of the world’s most fascinating jurisdictions for the study of constitutional change: Argentina, Brazil, Chile, Colombia, Cuba, Ecuador, El Salvador, Mexico, Peru, and Venezuela. The jurisdictions chosen are among the ones in the region whose constitutions have been most reformed by both proper and improper means. In addition, many of these jurisdictions have been largely neglected in the English language literature on constitutional change. This collection seeks therefore both to remedy this deficiency and, as a consequence, to encourage others to account for them and other little-known constitutions as comparators in their own comparative studies. As such, Comparative Constitutional Reform in Latin America will be an invaluable resource for researchers, academics and policymakers in the areas of Constitutional Law and Politics, Legal Theory and Public Law.