In this work, the author offers a new perspective of the Constitutional Reform in Latin America in the period of 1980-2000. Between those years, almost every single Latin American country reformed (totally or at least substantially) their national constitution. This reform period has been seen, in the traditional literature, as characterize for the adoption of reforms based on the "public interest", with a combination of free-market and wealth rights which was optimal for development. The author, instead, proposes that the reform was implemented based in rhetoric that trumps the debate, independently of if these interests coincide or not with ideologies of the "left" (progressive rhetoric) or of the "right" (sometime identified with some parts of the "rule of Law" rhetoric of the World Bank often called the "Washington Consensus"). In the first part of the investigation, the progressive rhetoric arguments are presented, both in theory and applied to a specific case (higher education regulations). In the sec-ond chapter, the constitutional reform is studied focused in the case of Peru. It is im-portant to note that Peru has largely been considered the Latin American country that most adopted the Washington Consensus and the neoliberal ideology, therefore, its study seems particularly important. In the third chapter, the scope is extended to the whole region, where the author reviews the economic chapters of each Latin American constitution, before and after the reform. At last, he attempts to answer the question: How an "optimal" constitution looks? In doing that, rather than trying to designing a universal constitution for the region, he offers some parameters of what can be regarded as opti-mal norms, so it can help future constitutional reform endeavors in the region or else-where.

Over the past 30 years, Latin America has lived through an intense period of constitutional change. Some reforms have been limited in their design and impact, while others have been far-reaching transformations to basic structural features and fundamental rights. Scholars interested in the law and politics of constitutional change in Latin America are turning increasingly to comparative methodologies to expose the nature and scope of these changes, to uncover the motivations of political actors, to theorise how better to execute the procedures of constitutional reform, and to assess whether there should be any limitations on the power of constitutional amendment. In this collection, leading and emerging voices in Latin American constitutionalism explore the complexity of the vast topography of constitutional developments, experiments and perspectives in the region. This volume offers a deep understanding of modern constitutional change in Latin America and evaluates its implications for constitutionalism, democracy, human rights and the rule of law.

Authors from a number of different disciplines offer a general overview of constitutional reforms in Latin America since 1990. They explore the historical, philosophical and doctrinal differences between traditional and new constitutionalism in Latin America and examine sources of inspiration. The book also covers sociopolitical settings, which factors and actors are relevant for the reform process, and analyses the constitutional practices after reform, including the question of whether the recent constitutional reforms created new post-liberal democracies with an enhanced human and social rights record, or whether they primarily serve the ambitions of new political leaders.

Negretto provides the first systematic explanation of the origins of constitutional designs from an analytical, historical and comparative perspective. Based on analysis of constitutional change in Latin America from 1900 to 2008 and four detailed case studies, Negretto shows the main determinants of constitutional choice are the past performance of constitutions in providing effective and legitimate instruments of government and the strategic interests of the actors who have influence over institutional selection. The book explains how governance problems shape the general guidelines for reform, while strategic calculations and power resources affect the selection of specific alternatives of design. It emphasizes the importance of events that trigger reform and the designers' level of electoral uncertainty for understanding the relative impact of short-term partisan interests on constitution writing. Negretto's study challenges predominant theories of institutional choice and paves the way for the development of a new research agenda on institutional change.

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.

This volume addresses a long-neglected area in constitutional and international studies, Latin America. The book contains penetrating appraisals of the Spanish heritage as it influences Latin American constitutionalism and more recently American democracy. A distinguished historian, a Peruvian political scientist, three former U.S. ambassadors, a legal scholar, and a respected political theorist provide a thorough examination of the U.S. Constitution and the constitutions of Latin America in this well-written treatise. This book is the seventh volume in the Miller Center series on constitutionalism. Co-published with the Miller Center of Public Affairs.