ABSTRACT

This chapter provides an overview of the theoretical perspectives on the constitutional change beyond the specific regional context of Latin America, and it classifies the existing studies on constitutional change, and their individual advantages and shortcomings. The term 'new constitutionalism' captures the fact that constitutions have spread all over the world, enhanced judiciable civil, political, economic, social and cultural rights, and changed the relationship between central states and regions, and between the state and its citizens. Static approaches operationalize constitutional change as the formal adoption of a constitution or constitutional amendment. While both approaches use structural and institutional variables to explain formal constitutional change or stability, dynamic approaches tend to operationalize constitutional change on a broader scale by highlighting interrelations between actors, contingencies and interactions of variables. Democratization includes the introduction of democratic constitutionalism in order to guarantee fundamental rights, the separation of powers, and the rule of law.