Access to Justice and Electoral Integrity that, instead of excluding the most vulnerable and marginalized. Julio Ríos-Figueroa and Andrea Pozas-Loyo, “Enacting Constitutionalism: The Origins of Independent Judicial Institutions in Latin America”, Comparative Politics, Vol. 42, No. 3 (April 2010), pp. 293-311 While trying to answer the question regarding when and why it can be expected that the process of creating constitutions produces an institutional framework to promote constitutionalism, a typology to characterize the processes of creation of constitutions and their dynamic nature is implemented in the article. The hypothesis is that multilateral processes tend to establish institutional frameworks consistent with constitutionalism. In order to exemplify the elements of constitutionalism, the authors underline that the concept is based on non-arbitrary government and the belief that the concentration of political power leads to such government. Additionally, a bill of rights is arguably another fundamental element of constitutions that promotes constitutionalism. The importance of the results of the article relies on the main conclusion, which challenges the consensus that in Latin America constitutions are de jure in accordance with the principles of constitutionalism, while de facto these principles are systematically violated. The typology used by the authors presents a new model to analyse constitutionalism, distinguishes between ordinary and constitutional laws, and captures the interrelation between law and politics, and the dynamism inherent in constitution and law-making processes. 37

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