Los derechos civiles y políticos en el nuevo constitucionalismo latinoamericano

Abstract

The paper examines, by the perspective of comparative law, the regulation of civil and political rights in recent Constitutions of Venezuela (1999), Ecuador (2008) and Bolivia (2009) and compares the model of the ICCPR in 1966 and the dominant model in Europe, exemplified by the Spanish Constitution of 1978. Make a positive assessment of the constitutional innovations in all three countries, concluding that there is no radical break with the liberal model, but introducing the same elements of international law and social theory of fundamental rights, as assumed by the European theory more advanced. The paper finds problems of effectiveness of civil and political rights, especially in Venezuela, whose cause is still insufficient consolidation of the rule of law and democracy in the country's political life.