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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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Contemporary Constitutionalism IIThe “Engine Room” of the Constitution

Contemporary Constitutionalism IIThe “Engine Room” of the Constitution

(p.172) 9 Contemporary Constitutionalism IIThe “Engine Room” of the Constitution
Latin American Constitutionalism, 1810-2010

Roberto Gargarella

Oxford University Press

The ninth chapter focuses on the “engine room” of the Constitution. More specifically, it focuses on the way in which the new Constitutions dealt with the organization of power. The chapter pays particular attention to the problems generated by preserving the “engine room” of the Constitution basically untouched –and thus, basically identical to the one that was adopted by liberals and conservatives in the 19th Century. These problems –it is here claimed- are obviously aggravated when constitutional delegates preserve that power-structure while at the same time they try to drastically renovate the old Constitutions in everything related to the rights of disadvantaged groups (particularly, through the adoption of new social rights, and the recognition of special rights to women, indigenous and other minority and vulnerable groups).

Keywords:   “engine room”, social question, indigenous question, presidentialism, legal standing

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