Comparative Constitutional Law in Latin America
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Comparative Constitutional Law in Latin America

Edited by Rosalind Dixon and Tom Ginsburg

This book provides unique insights into the practice of democratic constitutionalism in one of the world’s most legally and politically significant regions. It combines contributions from leading Latin American and global scholars to provide ‘bottom up’ and ‘top down’ insights about the lessons to be drawn from the distinctive constitutional experiences of countries in Latin America. In doing so, it also draws on a rich array of legal and interdisciplinary perspectives. Ultimately, it shows both the promise of democratic constitutions as a vehicle for social, economic and political change, and the variation in the actual constitutional experiences of different countries on the ground – or the limits to constitutions as a locus for broader social change.
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Chapter 3: Constitution making and constituent power

Joel Colón-Ríos

Abstract

This chapter considers the ways in which constituent power has been understood and constructed at different moments of Latin American constitution-making history. In so doing, it examines the extent to which various notions of constituent power are reflected in the mechanisms used for the creation of four constitutions. The four processes that will be studied are those that resulted in the Constitution of the Federal States of Venezuela (1811), the Political Constitution of Colombia (1886), the Political Constitution of the Republic of Bolivia (1967), and the Constitution of the Republic of Ecuador (2008). Keywords: constituent power; constitution making; constituent legislatures; constituent assemblies

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