Constituent Assemblies and Democracy: A Critical Reading of the New Constitutionalism in the Andes

This article throws into question the idea according to which democratic and participatory constitution making processes necessarily produce constitutions that lead to democratic deepening. While many new constitutions create wider avenues for political participation, not all of them open the door to the opposition, nor guarantee its exercise. By studying the constitution making processes in the Andean region since 1991, this article puts forth two different routes to constitution making that yield different results. On the one hand, a diverse and symmetric assembly where negotiation becomes the dominant strategy should yield a constitution favorable to democracy, deepening in its double dimension (inclusion and opposition). On the other hand, an assembly dominated by one majoritarian actor or coalition that can impose its own constitutional project, may yield positive outcomes in terms of inclusion, while having a negative impact on the dimensions of competition and contestation, both critical for democracy.