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Social and Behavioral Sciences Commons

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Comparative and Foreign Law

2011

Constitutional Design

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Shifting Constitutional Designs In Latin America. A Two-Level Explanation, Gabriel L. Negretto Jan 2011

Shifting Constitutional Designs In Latin America. A Two-Level Explanation, Gabriel L. Negretto

Gabriel L. Negretto

Latin American countries have been riding a massive wave of constitutional change since 1978. One aspect of the political institutions selected as a result of this process seems particularly puzzling. Reforms that promote party pluralism and consensual decision making coexist, often within the same design, with other reforms that restrict party competition and foster concentration of power in the executive branch. This Article argues that constitutional choice is endogenous to the performance of preexisting constitutional structures and to the partisan interests and relative power of reformers. According to this theory, the seemingly contradictory trends of design that we observe in …