Observations on Latin American Constitutionalism

Abstract

Scholars are in substantial agreement that Latin American constitutionalism leaves much to be desired. First, there is the wide gap between constitutional formulations and actual political practice. No one would contend that any constitution, Latin American or otherwise, corresponds exactly to reality. There are provisions in the United States Constitution which are no better observed than are those of the Latin American documents. Even so, there can be little doubt that the gulf between theory and reality is far wider in much of Latin America than it is in many other parts of the world. Though many provisions of other constitutions do not correspond to actual political practice, Latin American stipulations on significant principles of government are often so much at variance with reality as to be totally misleading for the description of their political systems. Professor Martin C. Needler puts it quite bluntly: Quite clearly, many constitutional provisions are honored only in the breach; and yet great stress is placed upon constitutional forms and procedures, even where these mask political realities quite discordant with their intent.