Evaluating National and International Strategies Dealing with the Crisis of Constitutionalism and the Rule of Law in Latin America

A sudden crisis of constitutionalism has developed in many corners of the democratic world. While some observers confuse the latter with a crisis of democracy, the situation can be better characterized as a clash between “naked” democracy and constitutionalism. If democracy is conceived as linked to constitutionalism and the rule of law, this clash won’t exist, but it might be fruitful to distinguish between popular self-determination and mechanisms that constrain the will of the majority for the sake of fundamental rights.
In my presentation I’ll identify how has this crisis unfold in Latin America, mapping the ways in which constitutionalism and the rule of law have come under attack. I’ll then analyze the different strategies that liberal democrats have developed to confront this scenario focusing on domestic/international strategies of defending constitutionalism and the rule of law, arguing that international strategies are ineffective without the contribution of domestic ones.