When and why can constitution-making processes be expected to produce an institutional framework ... more When and why can constitution-making processes be expected to produce an institutional framework that formally serves constitutionalism? Based on a simple and general typology of constituent processes that captures their legal/political character and dynamic nature, constitution-making processes controlled by one cohesive and organized political group (unilateral) can be distinguished from processes controlled by at least two different political groups (multilateral). A sample of eighteen Latin American countries from 1945 to 2005 shows that multilateral constitution making tends to establish institutional frameworks consistent with constitutionalism.
Oxford Handbook of Constitutional Law in Latin America, 2022
Authoritarian constitutionalism is a distinct phenomenon that involves an intriguing mix ture of ... more Authoritarian constitutionalism is a distinct phenomenon that involves an intriguing mix ture of a regime type commonly known for its tendency to abuse power with a centuriesold lineage of theories and practices seeking precisely to place limits on how it be used. This chapter provides a conceptual and analytical framework that addresses both dimen sions of authoritarian constitutionalism, and in so doing, it discusses the theoretical and empirical advantages and disadvantages of distinct conceptualizations of this term. It then illustrates the different categories in a conceptual map with examples drawn from Latin American countries. The chapter concludes with some promising avenues for re search in this interesting and vibrant area.
... Page 2. 2 *I want to express my gratitude to Laura Langbein, Marco Morales-Barba, Andrea Poza... more ... Page 2. 2 *I want to express my gratitude to Laura Langbein, Marco Morales-Barba, Andrea Pozas-Loyo, Adam Przeworski, Susan Rose-Ackerman, and Matthew M. Taylor for valuable comments and suggestions. What is the effect of judicial independence on corruption? ...
This article maps current constitutional adjudication systems in 17 Latin American democracies. U... more This article maps current constitutional adjudication systems in 17 Latin American democracies. Using recent theoretical literature, the authors classify systems by type (concrete or abstract), timing (a priori or a posteriori), and jurisdiction (centralized or decentralized). This approach captures the richness and diversity of constitutional adjudication in Latin America, where most countries concurrently have two or more mechanisms. Four models of constitutional adjudication are currently in use. In the past, weak democratic institutions and the prevalence of inter partes, as opposed to erga omnes, effects of judicial decisions, prevented the development of constitutional adjudication. Today, democratic consolidation has strengthened the judiciary and fostered constitutional adjudication. After discussing the models, the authors highlight the role of the judiciary in the constitutional adjudication bodies, the broad range of options existing to initiate this adjudication process,...
Mexico has undergone a peculiar transition to a democracy that in some aspects and places still e... more Mexico has undergone a peculiar transition to a democracy that in some aspects and places still exhibits traits of the authoritarian past. The combination of authoritarian shades and democratic glares, rich diversity in socioeconomic conditions across the country, and the recent availability of a wealth of information and systematized data make for a great deal of research opportunities for sociolegal scholarship. This article reviews recent sociolegal studies on courts and judicial behavior, public security and the criminal justice system, and legal culture, pointing to several empirical puzzles and open questions that are crying out for explanations and systematic empirical analysis.
When and why can constitution-making processes be expected to produce an institutional framework ... more When and why can constitution-making processes be expected to produce an institutional framework that formally serves constitutionalism? Based on a simple and general typology of constituent processes that captures their legal/political character and dynamic nature, constitution-making processes controlled by one cohesive and organized political group (unilateral) can be distinguished from processes controlled by at least two different political groups (multilateral). A sample of eighteen Latin American countries from 1945 to 2005 shows that multilateral constitution making tends to establish institutional frameworks consistent with constitutionalism.
Oxford Handbook of Constitutional Law in Latin America, 2022
Authoritarian constitutionalism is a distinct phenomenon that involves an intriguing mix ture of ... more Authoritarian constitutionalism is a distinct phenomenon that involves an intriguing mix ture of a regime type commonly known for its tendency to abuse power with a centuriesold lineage of theories and practices seeking precisely to place limits on how it be used. This chapter provides a conceptual and analytical framework that addresses both dimen sions of authoritarian constitutionalism, and in so doing, it discusses the theoretical and empirical advantages and disadvantages of distinct conceptualizations of this term. It then illustrates the different categories in a conceptual map with examples drawn from Latin American countries. The chapter concludes with some promising avenues for re search in this interesting and vibrant area.
... Page 2. 2 *I want to express my gratitude to Laura Langbein, Marco Morales-Barba, Andrea Poza... more ... Page 2. 2 *I want to express my gratitude to Laura Langbein, Marco Morales-Barba, Andrea Pozas-Loyo, Adam Przeworski, Susan Rose-Ackerman, and Matthew M. Taylor for valuable comments and suggestions. What is the effect of judicial independence on corruption? ...
This article maps current constitutional adjudication systems in 17 Latin American democracies. U... more This article maps current constitutional adjudication systems in 17 Latin American democracies. Using recent theoretical literature, the authors classify systems by type (concrete or abstract), timing (a priori or a posteriori), and jurisdiction (centralized or decentralized). This approach captures the richness and diversity of constitutional adjudication in Latin America, where most countries concurrently have two or more mechanisms. Four models of constitutional adjudication are currently in use. In the past, weak democratic institutions and the prevalence of inter partes, as opposed to erga omnes, effects of judicial decisions, prevented the development of constitutional adjudication. Today, democratic consolidation has strengthened the judiciary and fostered constitutional adjudication. After discussing the models, the authors highlight the role of the judiciary in the constitutional adjudication bodies, the broad range of options existing to initiate this adjudication process,...
Mexico has undergone a peculiar transition to a democracy that in some aspects and places still e... more Mexico has undergone a peculiar transition to a democracy that in some aspects and places still exhibits traits of the authoritarian past. The combination of authoritarian shades and democratic glares, rich diversity in socioeconomic conditions across the country, and the recent availability of a wealth of information and systematized data make for a great deal of research opportunities for sociolegal scholarship. This article reviews recent sociolegal studies on courts and judicial behavior, public security and the criminal justice system, and legal culture, pointing to several empirical puzzles and open questions that are crying out for explanations and systematic empirical analysis.
Uploads