ABSTRACT
This chapter argues that in thinking about what constitutional courts should do, we should think not only about the best substantive theory of constitutional rights, but also about the limitations faced by constitutional courts. A constitution might be used as a place for setting out very general social aspirations, or for imposing positive duties on government. There are three reasons why this would be a dangerous strategy for Latin America, at least under current conditions. A constitution that creates positive rights is not likely to be subject to judicial enforcement, because these rights are vaguely defined, simultaneously involve the interests of numerous people, and depend for their existence on active management of government institutionssomething for which judges are ill-suited. Constitutional protection of contracts ensures citizens that when they engage in economic arrangements, they can do so free from the specter of governmental interventions.
