Electoral system – a lifeboat to constitutional changes in Latin America

Each constitution contains a “grundnorm” concerning the modern representative democracy, a model of political representation based on periodic elections, carried out under conditions of equality and freedom.
The presence or absence of express constitutional provisions on the electoral system, with its different position in the system of sources of law, has effects on constitutional revision because each review should enhance the implicit or explicit limit to the constitutional revision represented by the democratic form.
The substantial feature of the electoral law is drawn by the founding principles of the legal system, in relation to the influence it makes to the functioning of fundamental mechanisms in the form of state and the form of government, avoiding backslidings and constitutional changes of illiberal matrix or systems based on overconstitutionalism. In this perspective, this investigation explores the Latin American experiences in comparison with some European system.