Colón-Riós, Joel I. --- "Theorising about formal constitutional change: the case of Latin America" [2018] ELECD 110; in Jacobsohn, Gary; Schor, Miguel (eds), "Comparative Constitutional Theory" (Edward Elgar Publishing, 2018) 354

Book Title: Comparative Constitutional Theory

Editor(s): Jacobsohn, Gary; Schor, Miguel

Publisher: Edward Elgar Publishing

ISBN: 9781784719128

Section: Chapter 18

Section Title: Theorising about formal constitutional change: the case of Latin America

Author(s): Colón-Riós, Joel I.

Number of pages: 18

Abstract/Description:

Abstract: This chapter has two main objectives. First, to propose a typology of the rules of change found in Latin American constitutions. These rules are not presented as a representative sample of those contained in the world’s constitutions, but their diversity reflects, to a certain extent, those present in other regions. The second objective of the chapter is to consider the possible theoretical basis of the categories identified in the previously mentioned typology. In advancing this second objective, I will consider these rules from the perspective of what may be termed modern constitutional theory. Modern constitutional theory looks at formal constitutional change through the lens of three main distinctions: the distinction between the constituent and the amending power, between the legislature and the people, and between amendment and replacement.