Theorizing Transformative Constitutional Change and the Experience of Latin American Constitutionalism

Abstract

Latin America is a region which has experienced profound constitutional change; from the brutality of dictatorial and authoritarian political regimes during the 1960s and 1970s to the transition towards new constitutional settlements starting in the mid-1980s. All the while the region has continued to confront deep-seated social and economic legacies of extreme inequality and the accompanying problems of repression and violence. This article seeks to develop a philosophical perspective on these matters and argues that instances of significant change requires further attention to be paid to how transformation of the experience and meaning of constitutionalism unfolds. Pursuing these questions necessitates, it will be argued, recourse to critical or non-foundational political philosophy and a consideration of “the political” to understand the experience and meaning of transformative change. Engagement with “the political” dimensions holds implications for institutional roles, requiring dialogue about the meaning and experience of constitutional change.