A Century of Constitution-Making in Latin America: An Inclusiveness-Based Comparative Analysis (1917-2016)

Latin American Law Review, no. 06 (2021): 1-24

24 Pages Posted: 17 Jan 2019 Last revised: 6 May 2021

See all articles by Cristián Eyzaguirre

Cristián Eyzaguirre

Ministerio Secretaría General de la Presidencia de Chile; Comparative Constitutions Project

Ventura Charlin

V.C. Consultants; EVENTUS ANALYTICS; V.C. Consultants

Date Written: February 1, 2021

Abstract

Inclusiveness has been increasingly recognized as one of the key elements that shape the outcome of a constitution-making process (CMP). This article surveys all the CMPs in Latin America from 1917 to 2016 to determine their level of inclusiveness. A novel aspect of this study is that it distinguishes between two types of inclusiveness, procedural and effective. Therefore, it provides a more in-depth assessment of the degree of inclusiveness during the CMPs. We found that although most CMPs can be described as procedurally inclusive, only a few of them met minimal democratic conditions; consequently, most CMPs could not be described as effectively inclusive. On the other hand, we also identified a relationship between higher procedural inclusiveness and higher democratic conditions. Lastly, we noticed that both procedural inclusiveness and democratic conditions have gradually risen through the years, especially in the last three decades.

Keywords: Comparative Constitutional Law, Constitution-Making, Latin American Constitutionalism, Inclusiveness, Democracy

JEL Classification: K10, K19, K33

Suggested Citation

Eyzaguirre, Cristián and Charlin, Ventura, A Century of Constitution-Making in Latin America: An Inclusiveness-Based Comparative Analysis (1917-2016) (February 1, 2021). Latin American Law Review, no. 06 (2021): 1-24, Available at SSRN: https://ssrn.com/abstract=3311258 or http://dx.doi.org/10.2139/ssrn.3311258

Cristián Eyzaguirre (Contact Author)

Ministerio Secretaría General de la Presidencia de Chile ( email )

Santiago, Región Metropolitana
Chile
+56987975422 (Phone)

Comparative Constitutions Project ( email )

+56987975422 (Phone)

Ventura Charlin

V.C. Consultants ( email )

230 East 73rd Street
7D
New York, NY 10021
United States
9147070723 (Phone)

HOME PAGE: http://vc-consult.com

EVENTUS ANALYTICS ( email )

230 E 73rd Street
New York, NY New York 10021
United States

V.C. Consultants ( email )

United States

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