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5 Constitutional History of the Colombian Paradox (1886–2016): Hegemony, Exception, and Postponement
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53.1 Introduction 53.1 Introduction
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53.2 Constitutional Change in Latin America 53.2 Constitutional Change in Latin America
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53.3 Australia and Non-Change 53.3 Australia and Non-Change
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53.4 Reflecting on the Contrast: Demand and Supply-Side Factors 53.4 Reflecting on the Contrast: Demand and Supply-Side Factors
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53.4.1 Supply-Side Explanations 53.4.1 Supply-Side Explanations
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53.4.2 Demand-Side Explanations 53.4.2 Demand-Side Explanations
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53.5 Conclusion 53.5 Conclusion
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Acknowledgements Acknowledgements
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53 Latin America: The Shifting Constitutional Continent?
Get accessRosalind Dixon is a Professor of Law at the University of New South Wales, Faculty of Law, and works in the fields of comparative constitutional law and design, socioeconomic rights and economic policy, and law and gender. She is the author of Abusive Borrowing: Legal Globalization and the Subversion of Liberal Democracy (Oxford University Press, 2021) (with David Landau), From Free to Fair Markets: Liberalism After COVID-19 (Oxford University Press, 2022) (with Richard Holden), and Responsive Judicial Review: Democracy and Dysfunction in the Modern Age (Oxford University Press, 2023).
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Published:13 January 2022
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Abstract
This chapter focuses on a relatively narrow dimension to constitutional practices in Latin America and Australia, i.e. formal processes of constitutional change or amendment. It considers both potential supply- and demand-side explanations for the observed differences in the dynamics of constitutional change, or non-change. On the supply-side, it highlights the potential role played by both legal and constitutional cultural obstacles to formal constitutional amendment; the role of constitutional specificity; and the supply of judges adhering to a purposive and contextual, or ‘new constitutionalist’, as opposed to more textual, legalist approach to constitutional interpretation. On the demand-side, it considers the role of constitutional specificity, presidential politics, and social movements. In doing so, it highlights potentially important formal-legal and constitutional cultural dimensions to democratic constitutionalism in both Latin American countries and Australia, which have potential relevance far beyond the context of constitutional change.
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