Reflexiones acerca de los efectos del nuevo constitucionalismo latinoamericano

Abstract

The beginnings of constitutionalism go back to the end of the Enlightenment revolutions, product of the influence that had these processes that originated a system that limited the exercise of power in the State in order to guarantee the rights of man. With the passage of time, constitutionalism has undergone a series of transformations, the product of multiple political and social manifestations that demanded the updating of public demands, a phenomenon that occurred with greater force by the end of the 20th century and the first decade of the 21st, which It allowed the creation of a new constitutionalism of its own in Latin America, due to the advent of progressive social trends that demanded a true political participation of society with the capacity to intervene in the important decisions of the State. This is how constitutionalism acquired a special contrast in Latin America, facilitating, given the circumstances of violence in the area, a change in the constitutions, creating more normative prescriptions with teleological and axiological contents that sustain a prolific list of rights of various categories, surpassing the classical constitutionalism that was seen as the basic enunciation of certain human rights and the regulation of some spheres of the State. However, in spite of the apparent guarantee environment that made possible the new constitutionalism, factors and processes different from the constitution took on greater importance, which unleashed adverse effects to those of a progressive and participatory model, due, on the one hand, to the maintenance of old institutions that disqualified the exercise of new rights and democracy, the latter being the element through which the new constitutional system had been legitimized. In view of the above, the chapters that make up this research work will cover issues from the first chapter such as the history of constitutionalism in the world to its transformation in Latin America, in the second chapter will deal with the most outstanding characteristics and changes in the Latin American constitutionalism, the third chapter goes back to the explanation of why the political factor becomes more important in this new constitutionalism, and the last chapter will address the phenomena deployed by the new constitutionalism, recognized as being practices that undermine the effectiveness of the system. Once the chapters have been addressed according to the order described, they base the conclusions found in the final part of the work that answer the research question and corroborate the hypothesis initially proposed.