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Latin American Constitutionalism, 1810-2010The Engine Room of the Constitution$
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Roberto Gargarella

Print publication date: 2013

Print ISBN-13: 9780199937967

Published to Oxford Scholarship Online: September 2013

DOI: 10.1093/acprof:oso/9780199937967.001.0001

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The Limits Imposed by the Past upon the New Constitutions

The Limits Imposed by the Past upon the New Constitutions

Chapter:
(p.62) 4 The Limits Imposed by the Past upon the New Constitutions
Source:
Latin American Constitutionalism, 1810-2010
Author(s):

Roberto Gargarella

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199937967.003.0004

The fourth chapter addresses another crucial constitutional discussion, also typical of the “founding period”, namely the discussion about the legal past. Constitutional scholars of the time differed regarding how to identify, describe, evaluate and react, regarding the juridical legacy of the colonial years.

Keywords:   Constitutional past, colonial period, expanded democracy, limited democracy, civil liberties, political liberties, property rights

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