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5 Constitutional History of the Colombian Paradox (1886–2016): Hegemony, Exception, and Postponement
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15.1 Introduction 15.1 Introduction
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15.2 Representation and Participation in Constitutional Change 15.2 Representation and Participation in Constitutional Change
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15.2.1 Mechanisms of Representation 15.2.1 Mechanisms of Representation
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15.2.2 Mechanisms of Participation 15.2.2 Mechanisms of Participation
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15.3 Representation, Participation, and Constitutional Choice 15.3 Representation, Participation, and Constitutional Choice
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15.4 Political and Procedural Determinants of Rights and Executive Powers 15.4 Political and Procedural Determinants of Rights and Executive Powers
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15.4.1 Human Rights and Rights of Political Participation 15.4.1 Human Rights and Rights of Political Participation
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15.4.2 Legislative and Electoral Powers of Presidents 15.4.2 Legislative and Electoral Powers of Presidents
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15.5 Conclusions 15.5 Conclusions
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15 Participatory Constitution-Making in Latin America: Consequences for Institutional Design
Get accessGabriel L. Negretto Professor of political science, Instituto de Ciencia Política, Pontificia Universidad Católica de Chile.
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Published:13 January 2022
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Abstract
This chapter analyses the consequences of participatory constitution-making for institutional design. It argues that while citizen involvement in constitutional change provides reformers with incentives to expand human rights and rights of political participation, its impact on the choice of executive powers depends on the diversity of the political interests represented in the constitution-making body. In environments where the economy is weak and unstable and where public trust in legislatures is low, reformers are likely to invest executives with strong legislative powers and citizen participation in the process may not prevent or even be activated to legitimize that decision. In this situation, however, a politically plural constitution-making body is likely to compensate for an increase in the law-making power of the president with a decrease in other dimensions of his power. This argument is supported with evidence from episodes of constitutional change in Latin America from 1940 to 2014.
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