Global Constitutionalism? Difficulties and Contingencies in the Process, Based on Several Experiences in Latin America

Abstract

Using specific examples of Colombian and Ecuadorian constitutionalism, this article indicates and delves into some of the difficulties posed by the globalization of constitutional law, as well as the explanatory limitations of conventional theoretical discourse on this phenomenon. Three characteristics are identified to that end. The first is its distinctly artificial nature. Behind the facade of a fluid and profound process of legal exchange lies a material rift between constitutional orders. Secondly, its fragmented and unstructured condition in terms of the dynamics of approximation, which fluctuate according to fortuitous and undetermined variables and factors, prevents any sort of uniform and homogeneous characterization. Finally, broad and profound difficulties exist in selecting and understanding the references that are used in the dynamics of approximation.