Latin American Constitutionalisms (LAWS70397)

Political, social and constitutional upheavals are currently in full swing in Latin America. What happens in Latin America produces flow-on effects in all regions of the globe. This subject offers a survey of the different models of democracy currently ‘competing’ in the region, and a consideration of how those models translate into different ‘models’ of constitutionalism. The subject offers an analysis of the current constitutional debate in Latin America, contextualising that debate within the history of constitutionalism in the region over the last two hundred years. The subject will relate the contemporary constitutional debate to global and regional debates about models of democracy and the impact of globalisation in constitutional law and practice. The subject will also focus on the role played by the Inter-American Human Rights System in both the constitutionalism and models of democracy debates.

Principal topics will include:

• Conceptions of ‘democracy’ and conceptions of ‘constitutionalism’ in contemporary Latin America
• Neo-liberal democracy, social democracy, radical democracy and populism in Latin America
• Historical perspectives on constitutionalism in Latin America
• The judicialisation of Latin American politics
• Global influences in Latin American constitutionalism
• The Inter-American Human Rights System and constitutionalism in Latin America
• Processes of constitution making in contemporary Latin America.