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

Hardcover | July 24, 2013

byRoberto Gargarella

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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 LatinAmerican 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 ofsocio-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 thesuccession 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 ofthinkers 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.

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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 LatinAmerican constitutionalism has endured unique chal...

Roberto Gargarella is Professor of Constitutional Theory and Political Philosophy at Universidad de Buenos Aires and a researcher for CONICET in Buenos Aires and the Christian Michelsen Institute in Norway. He received a John Simon Guggenheim grant in 2000 and a Harry Frank Guggenheim grant in 2002-3 and has published on issues of leg...

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Format:HardcoverDimensions:320 pages, 9.25 × 6.12 × 0.98 inPublished:July 24, 2013Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199937966

ISBN - 13:9780199937967

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Table of Contents

Preface1. The first Latin American Constitutions (1810-1850)2. "Fusion constitutionalism": the liberal-conservative compact at the second half of the 193. The material basis of the Constitution4. The limits imposed by the past upon the new Constitutions5. The crisis of the post-colonial constitutional model. Positivism and revolution, at the beginning of the new Century6. Constitutionalism at the mid-207. Grafting social Rights onto hostile Constitutions8. Contemporary constitutionalism I. Constitutions in internal tension9. Contemporary constitutionalism II. The "engine room" of the Constitution10. What have we learned in 200 years of constitutionalism? For an egalitarian constitutionalismNotesBibliographyIndex