We the Mediated People: Popular Constitution-Making in Contemporary South America

Populist leaders may define the people as one segment of the population that is unbound by law to create a new constitution that centralizes power in the leader's hands. This book develops an alternative theory of the relationship of the people to law through the "extraordinary adaptation" of old institutions. It shows how populist leaders in Venezuela and Ecuador established semi-authoritarian constitutions through lawless constitution-making while Colombia and Bolivia managed to avoid the same fate by engaging in extraordinary adaptation.

Format: Hardback
Length: 264 pages
Publication date: 03 April 2023
Publisher: Oxford University Press Inc

The people hold ultimate authority over a constitution, but who exactly constitutes the people is a matter of concern. Populist leaders may attempt to define the people as a specific segment of the population, removing them from the bounds of law, to create a constitution that grants them centralized power. This book explores the story of popular constitution-making in South America to present an alternative perspective on the relationship between the people and law.

Braver delves into the strategies employed to construct an inclusive people while respecting the law. He examines how and why violations of law should be avoided, while also exploring ways to create a society that allows for the breaking of the past while avoiding the establishment of semi-authoritarian constitutions.

One approach to achieving this is through the "extraordinary adaptation" of existing institutions. By leveraging the power of democratic elections, the revolutionary party can gain offices and repurpose the institutions of the old regime. However, this adaptation is not a wholesale overthrow of the old order. Instead, it involves bending, reinterpreting, and even breaking the rules of these institutions to create a new legal framework. Crucially, this partial legal continuity facilitates the participation of old parties that still hold some power within the institutions of the previous constitution.

The adaptation must be guided by principles. The revolutionary party must first exhaust all legal channels to seek popular vindication before resorting to lawless constitution-making. Additionally, they must concede enough to the opposition to secure their grudging acquiescence to the new constitution.

The book develops the theories of constitution-making by examining four instances of popular constitution-making in contemporary South America. It highlights how populist leaders in Venezuela and Ecuador established semi-authoritarian constitutions through lawless constitution-making, while Colombia successfully transitioned to a more democratic and inclusive system.

Through these case studies, the book demonstrates the complexities and challenges of popular constitution-making. It emphasizes the importance of inclusivity, respect for the rule of law, and the need for principled leadership in the process. The book provides valuable insights into the dynamics of constitutional change and offers a roadmap for building more democratic and sustainable societies.

Weight: 524g
Dimension: 167 x 243 x 28 (mm)
ISBN-13: 9780197650639