Columbia International Affairs Online: Working Papers

CIAO DATE: 09/2008

The Durability of Constitutions in Changing Environments: Explaining Constitutional Replacements in Latin America

Gabriel L. Negretto

August 2008

The Helen Kellogg Institute for International Studies

Abstract

Given the costs entailed in replacing a constitution, most works on political institutions assume that constitutions are a stable set of rules that become self-enforcing over time. The durability of constitutions is, however, subject to variation. I argue that this variation depends on specific institutions and on the relative stability of the political environment that the constitution is supposed to regulate. Using a duration analysis of constitutions in eighteen Latin American countries between 1946 and 2000, this paper finds that while the lifespan of constitutions is negatively affected by political and social instability, institutions that diffuse power and make possible the flexible adaptation of the constitution to changing circumstances decrease the risk of constitutional replacement. It also shows that for the Latin American region, the durability of constitutions tends to decrease rather than increase over time.