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4 Notre Dame J. Int'l & Comp. L. 9 (2013-2014)
Latin American Constitutionalism: Social Rights and the Engine Room of the Constitution

handle is hein.journals/ndjicl4 and id is 15 raw text is: Latin American Constitutionalism:
Social Rights and the Engine Room of the
Constitution
Roberto Gargarellat
I    Liberal-Conservative Constitutions (1850-1910)... .        .   .  .  .. 10
II   Social Constitutionalism (1910-1950).....     .. .. .   .   .  .  .. 12
III  Multiculturalism and Human Rights (1950-2010) . . . . . . . . . 13
IV   The Engine Room of the Constitution......          .    .  .  .  .  .  .. 16
Abstract
Roberto Gargarella surveys the landscape of Latin American Constitu-
tionalism from 1810 to 2010, with particular emphasis on efforts in the late
twentieth and early twenty-first centuries to enhance protections of multi-
culturalism and human rights. Gargarella begins by surveying the founding
period of Latin American constitutionalism, a period marked by compro-
mise between liberals and conservatives. He proceeds to discuss the increas-
ing incorporation of social rights-primarily economic and labor rights-
during the early twentieth century. Gargarella then discusses a final wave of
reforms, which introduced increasing human rights protections in the latter
half of the twentieth century and the beginning of the twenty-first. Gar-
garella concludes that the latest wave of reforms did not go far enough in
advancing human rights because the reforms failed to reach what Gargarella
calls the engine room of the constitution. The engine room consists of the
power-granting provisions of constitution that determine the relative au-
thority of governmental actors. Gargarella contends that the enshrinement
of several additional rights in Latin American constitutions is undermined
by a failure to reorganize power structures so as to ensure that these new
rights will be enforced.
t Professor of Law, University of Torcuato Di Tella (Buenos Aires, Argentina). J.S.D and LL.M.,
University of Chicago; Ph.D., University of Buenos Aires; B.A. and LL.B., University of Buenos Aires.
Researcher in constitutional theory and political philosophy.

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