By Jorge Luis Borges, Norman Thomas di Giovanni
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Shifting constitutional designs in latin america The content of new constitutions and important amendments enacted in Latin America since 1900 reveals substantial cross-national variation in design. Variation is even greater if one considers institutional reforms implemented at the level of ordinary laws that also affect the performance of the constitutional regime. Within this diversity, however, several trends are discernible in the general orientation of reforms. 12 To be sure, these rules are not the only features of constitutional design relevant to understanding the workings of a representative democracy.
1, there have been 140 amendments to constitutions in force in Latin American countries between 1978 and 2008, at an average of almost 8 per country. A total of 34 of those amendments altered central aspects of the system to elect presidents and legislators, the distribution of powers between presidents and assemblies, or both (Negretto 2009b, 2009c). In addition, at least 11 amendments introduced significant changes to the independence and powers of constitutional courts (Rios-Figueroa 2011). This does not include the sizeable number of amendments that altered the regulation of civil and political rights or the organization and powers of oversight institutions.
Most countries in Latin America have adopted d’Hondt and Hare PR formulas. The former belongs to the highest average methods and consists in dividing the votes of each party successively by 1, 2, 3,. , n and then allocating seats to the highest quotients. The use of different divisors is possible and the d’Hondt formula is one of the most beneficial for larger parties. The Hare formula belongs to the largest remainder methods, whereby an electoral quota is used to allocate seats. Different quotas are possible and the Hare quota is obtained by dividing the total number of votes by the seats to be filled in the electoral district.