NEOCONSTITUTIONALISM, NEW LATIN AMERICAN CONSTITUTIONALISM AND CONSTITUTIONAL PROCESSES IN THE ANDEAN REGION

Journal Title: Ius Humani. Revista de Derecho - Year 2016, Vol 5, Issue 12

Abstract

The purpose of the paper is to account for the importance attributed by the constitutions inspired by the so-called new Latin American constitutionalism to popular participation in matters of constitutional changes. To that extent, the analysis will be carried out in a comparative manner. To this end, in the first place, we differentiate between neoconstitutionalism and new Latin American constitutionalism. Later, we describe the influence of the new Latin American constitutionalism in the processes of creation and reform of the Constitutions of Colombia, Venezuela, Ecuador and Bolivia. Next Chapter is dedicated to Ecuador, one realizes the present inconsistency in terms of participation that exists between the model contemplated in the constitutional text and political and legal practice. Finally, there are five conclusions that shows the future way for a true participation in regional neoconstituionalism and some contradictions between dogmatic and organic part of Ecuadorian Constitution.

Authors and Affiliations

Jorge Benavides Ordóñez

Keywords

Related Articles

MEDIATION AND CITIZEN PARTICIPATION IN MEXICO

This paper describes the origin and development of the mediation in Mexico, a procedure that is currently gaining great force in that country. However, its beginning dating from 1997 had a certain problematic since the m...

JUDICIAL TRANSFORMATIONS IN ECUADOR: THE BALANCE OF POWER SEEN THROUGH THE ANALYSIS OF SOCIAL NETWORKS

This text explores the balance of powers in the Republic of Ecuador through Social Network Analysis (SNA). It argues that formal and informal ties among political system’s actors can be affected as a result of an improve...

ABORTION, LAW AND IDEOLOGY

This work explains that the discourses opposing the criminalization ofabortion and that reject the constitutional rules that protect human life,are an artificially constructed ideology made only to justify abortion,and h...

THE ROLE OF THE EXECUTIVE IN NORMATIVE PRODUCTION: ECUADOR BETWEEN 1979 AND 2016

This work is based on the following research question: how the executive has gotten to approve his bills in the legislative? To carry out this analysis, Ecuador is taken as a case study between 1979 and 2016, starting fr...

NULLITY AND INEXISTENCE OF LEGAL ACTS IN ECUADORIAN LAW

Inexistence and nullity of juridical acts are basic institutions in Ecuadorian Law. These are two different categories that have in common the chasing of the invalidity of the juridical acts that didn’t form according to...

Download PDF file
  • EP ID EP36082
  • DOI https://doi.org/10.31207/ih.v5i0.99
  • Views 372
  • Downloads 0

How To Cite

Jorge Benavides Ordóñez (2016). NEOCONSTITUTIONALISM, NEW LATIN AMERICAN CONSTITUTIONALISM AND CONSTITUTIONAL PROCESSES IN THE ANDEAN REGION. Ius Humani. Revista de Derecho, 5(12), -. https://europub.co.uk/articles/-A-36082