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Vol 21 No 10 Oct/Nov 2016

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Latin American Constitutionalism 1810-2010: The Engine Room of the Constitution


ISBN13: 9780199937967
Published: August 2013
Publisher: Oxford University Press USA
Country of Publication: USA
Format: Hardback
Price: £51.00



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Latin America possesses an enormously rich constitutional history, but this legal history has only recently begun to be subjected to scholarly inquiry.

As Roberto Gargarella contends, contemporary constitutional and political theory has a great deal to learn from this history, as Latin American constitutionalism has endured unique challenges that have not appeared in other regions.

Such challenges include the emergence of egalitarian constitutions in inegalitarian contexts; deliberation over the value of "importing" foreign legal instruments; a long-standing exercise of socio-economic rights (which is only just starting in other areas of the world); issues of multiculturalism and indigenous rights; substantial experience with "unbalanced" versions of the system of "checks and balances" (due to the presence of so-called hyper-presidentialist regimes); and the succession of numerous and frequent constitutional changes.

In this landmark book, Gargarella provides a broadly comparative history of Latin American constitutionalism, informed by constitutional theory. He organizes the book across four major historical periods of Latin American legal history, infusing this history with a discussion of the ideas of thinkers including Juan Bautista Alberdi, Francisco Bilbao, Simon Bolivar; Juan Egana, Jose Gonzalez Vigil, Victorino Lastarria, Juan Carlos Mariategui, Juan Montalvo, Jose Maria Mora, Mariano Otero, Manuel Murillo Toro, Jose Maria Samper and Domingo Sarmiento.

Subjects:
Legal History, Other Jurisdictions , Latin America
Contents:
PREFACE
CHAPTER 1: THE FIRST LATIN AMERICAN CONSTITUTIONS (1810-1850)
CHAPTER 2: "FUSION CONSTITUTIONALISM": THE LIBERAL-CONSERVATIVE COMPACT AT THE SECOND HALF OF THE 19
CHAPTER 3: THE MATERIAL BASIS OF THE CONSTITUTION
CHAPTER 4: THE LIMITS IMPOSED BY THE PAST UPON THE NEW CONSTITUTIONS
CHAPTER 5: THE CRISIS OF THE POST-COLONIAL CONSTITUTIONAL MODEL. POSITIVISM AND REVOLUTION, AT THE BEGINNING OF THE NEW CENTURY
CHAPTER 6: CONSTITUTIONALISM AT THE MID-20
CHAPTER 7: GRAFTING SOCIAL RIGHTS ONTO HOSTILE CONSTITUTIONS
CHAPTER 8: CONTEMPORARY CONSTITUTIONALISM I. CONSTITUTIONS IN INTERNAL TENSION
CHAPTER 9: CONTEMPORARY CONSTITUTIONALISM II. THE "ENGINE ROOM" OF THE CONSTITUTION
CHAPTER 10: WHAT HAVE WE LEARNED IN 200 YEARS OF CONSTITUTIONALISM? FOR AN EGALITARIAN CONSTITUTIONALISM
NOTES
BIBLIOGRAPHY
INDEX