Edited by Gary Jacobsohn and Miguel Schor
Chapter 18: Theorising about formal constitutional change: the case of Latin America
Abstract: This chapter has two main objectives. First, to propose a typology of the rules of change found in Latin American constitutions. These rules are not presented as a representative sample of those contained in the world’s constitutions, but their diversity reflects, to a certain extent, those present in other regions. The second objective of the chapter is to consider the possible theoretical basis of the categories identified in the previously mentioned typology. In advancing this second objective, I will consider these rules from the perspective of what may be termed modern constitutional theory. Modern constitutional theory looks at formal constitutional change through the lens of three main distinctions: the distinction between the constituent and the amending power, between the legislature and the people, and between amendment and replacement.
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