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Gargarella, Roberto --- "Constitutionalism in the Americas: a comparison between the U.S. and Latin America" [2018] ELECD 144; in Crawford, Colin; Bonilla Maldonado, Daniel (eds), "Constitutionalism in the Americas" (Edward Elgar Publishing, 2018) 111

Book Title: Constitutionalism in the Americas

Editor(s): Crawford, Colin; Bonilla Maldonado, Daniel

Publisher: Edward Elgar Publishing

ISBN: 9781788113328

Section: Chapter 4

Section Title: Constitutionalism in the Americas: a comparison between the U.S. and Latin America

Author(s): Gargarella, Roberto

Number of pages: 29

Abstract/Description:

This chapter examines the similarities and differences between U.S. and Latin American constitutional law. Gargarella indicates that, although U.S. constitutionalism has influenced Latin American constitutionalism in some circumstances, these two traditions constitute somewhat different ways of understanding constitutional law. Gargarella argues that Latin American constitutionalism has departed from U.S. constitutionalism on three significant points: it has incorporated a much broader list of rights than the U.S. Bill of Rights (which he says has the effect of allowing more substantive protection of egalitarian principles), it has favored hyper-presidential systems, and it has centralized territorial organization and the exercise of state political and legal power. Gargarella also states that these differences make the Latin American constitutional model more conservative and less consistent with respect to the exercise of power but more progressive on social, economic and cultural matters than the U.S. constitutional model.