Constitutional Change and Transformation in Latin America

Foreword: The Life and Death of Constitutions in Latin America: Constitutional Amendments, the Role of Courts and Democracy
	I. Some Common Vicissitudes of Latin American Constitutionalism
	II. The Endurance of Constitutions in Latin America
	III. The Constitutional Amendment Power
	IV. Preserving the Essential Core of Constitutions: Immutable Clauses
	V. Judicial Review of Constitutional Amendments
	VI. Conclusion
Table of Contents
List of Contributors
Introduction: Facts and Fictions in Latin American Constitutionalism
	I. Latin American Style of Constitutional Change?
	II. Studying Change and Transformation in Latin America
	III. The Prospects for Latin American Comparative Constitutional Law
Part I: Popular and Populist Constitutional Democracy
	1. Constitution-Making (without Constituent) Power: On the Conceptual Limits of the Power to Replace or Revise the Constitution
		I. Introduction
		II. On the Nature of the Constitution-Making Power
		III. Constitutional Replacement, Constitutional Revision, and the Argument from the Constituent Power
		IV. A Critique of the Argument from the Constituent Power as a Justification for Constitutional Replacements and Revisions
		V. The Constitution-making Power as Deontic Power for Institutionalising Constitutionalism
	2. Continuity and Change in Latin America: The Ever-Present Authoritarianism and the Democratic Capacities of the New Latin American Constitutions
		I. Introduction
		II. Conclusion
	3. Constitutional Moments and Constitutional Thresholds in Brazil: Mass Protests and the "Performative Meaning" of Constitutionalism
		I. Introduction
		II. Brazil and the Dilemmas of Constitution-Making
		III. Conclusion
	4. Constitutional Unamendability in Latin America Gone Wrong?
		I. Introduction
		II. The Spread of Constitutional Unamendability in Latin America
		III. The Judicial Enforcement of Constitutional Unamendability
		IV. Constitutional Unamendability Gone Wrong?
		V. Conclusion
Part II: Judicial Review of Constitutional Amendment
	5. The Colombian Constitutional Court’s Doctrine on the Substitution of the Constitution
		I. Introduction
		II. Constituent Power and the Substitution Doctrine
		III. The Double Lock
		IV. Intangibility and Identity
		V. Constituent Power in Colombia
		VI. Why it Happened and What to Do
	6. We the People, They the Media: Judicial Review of Constitutional Amendments and Public Opinion in Colombia
		I. Introduction
		II. Judicial Credibility
		III. The Substitution Theory
		IV. Applied Judicial Credibility: A Public-opinion-based Model
		V. The Influence of Public Opinion on Substitution Cases
		VI. Conclusions
		We the People, They the Media: Judicial Review of Constitutional Amendments and Public Opinion in Colombia
	7. 'Resistance by Interpretation': Supreme Court Justices as Counter-Reformers to Constitutional Changes in Brazil in the 90s+
		I. Judges as Counter-reformers: Ex Post, Internal Resistance to Constitutional Reforms in Brazil
		II. Resistance to Reforms through Judicial Interpretation: Is It Legitimate?
		III. Resistance to Reforms through Judicial Interpretation: Can It Be Avoided?
		IV. Conclusion
	8. The Judicial Review of Constitutional Amendments in Brazil and the Super-Countermajoritarian Role of the Brazilian Supreme Court - The\xa0Case of the 'ADI 5017'
		I. Introduction
		II. The Amending Process and Judicial Review in Brazil
		III. The Deficiencies of the System:
The Super-countermajoritarian Role
of the Brazilian Supreme Court
		IV. The Case of the ADI 5017 (Amendment n 73/2013)
		V. The Need for a Democratic and Deliberative Judicial Review
		VI. Final Remarks
		Acknowledgements
	9. The Role of the Chilean Constitutional Court in Times of Change
		I. Introduction
		II. Establishing and Reforming the 1980 Constitution
		III. The Chilean Court in Times of Constitutional Change
		IV. Judicial Challenges against the Constitution-making Power
		V. Towards a Chilean Unconstitutional Constitutional Reform Doctrine?
Part III: Constitutional Reform and Stability
	10. The Paradox of Mexico's Constitutional Hyper-Reformism: Enabling Peaceful Transition While Blocking Democratic Consolidation
		I. Introduction
		II. Hyper-reformism: The Intensity of Amendment Dynamics
		III. Hyper-Reformism: The Textual Impact of Amendment Dynamics
		IV. Constitutional Change and Democratic Transition
		V. Constitutional Change and Democratic Consolidation
		VI. Conclusion
	11. The Political Sources of Constitutional Amendment (Non)Difficulty in Mexico
		I. Introduction
		II. Constitutional Amendment During the Pri Hegemonic Days
		III. Constitutional Amendment After the Fall of the Pri Hegemonic Regime: Old Practices are Hard to Change
		IV. The Perils of the Permanence of Old Practices in the Adoption of Constitutional Amendments
		V. Conclusion. Lessons from Mexico"s Constitutional Amendment (Non)-Difficulty
	12. Subnational Constitutionalism and\xa0Constitutional Change in Brazil: The Impact of Federalism in Constitutional Stability
		I. Subnational Constitutionalism and Constitutional Change in Brazil
		II. State Constitutionalism in Brazil: Formal and Substantive Analyses
		III. Subnational Constitutional Space and the Purpose of Brazilian Federalism
		IV. Concluding Remarks
	13. Legislative Process and Constitutional Change in Brazil: On the Pathologies of the Procedure for Amending the 1988 Constitution
		I. Introduction
		II. Legislative Process of Constitutional Reform and its Pathologies
		III. Conclusion
	14. Transformative Constitutionalism and Extreme Inequality: A Problematic Relationship
		I. Introduction
		II. Two Essential Concepts for the Analysis
		III. Substantial Components of the Economic Constitution
		IV. The 'Engine Room': The Functional Elements of Economic Constitutions
		V. Can We Expect Something from Constitutional Judges?
		VI. Conclusions and Remarks
		Abbreviations
		Appendices
Index