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Constitutional Reform

How to measure constitutional success

Measuring the success of a Latin American constitution is not straightforward, as there are many different criteria that could be applied, and a large proportion of them are subjective. It might be argued that a successful constitution is one which provides a clear and trusted framework for the resolution of conflicts relating to political power and key social and economic issues. Longevity might also be a factor since a situation where a constitution must be constantly re-written suggests all is not well. Yet on the other hand, an extremely long-lasting constitution may have lost relevance to the modern state. Protecting citizens’ rights in reality, rather than just on paper or in rhetoric, might be a consideration. A constitutional promise to defend labour rights or pay a minimum wage may be seen as devalued if over 40% of the work force is informal and is, in fact, not protected at all.

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