Constitutional Regressions through Abusive Constitutional Borrowing in Latin America.

Latin American constitutionalism is passing through momentous transformations. The enduring tradition of constitutional borrowing from the western and northern liberal models in the 1990s and the early 2000s has yielded to a growing practice of overt authoritarian borrowing or abusive constitutional borrowing –in terms of the recent studies of Dixon and Landau- subverting the foundations of liberal democratic constitutionalism in the region. By implementing an array of sophisticated strategies to put the blame of present failures to liberal democracy, incumbent governing coalitions in Latin America have consolidated massive popular support to usher reforms to concentrate power in their hands. At the same time, these coalitions are gradually dismantling the liberal model of separation of powers, and most of the times, with the acquiescence of the courts. This paper will explore the illiberal backlash in the region and the potential responses to its inherent predicaments.