Roman Juspublicism’s validity for a new Latin American Century

Abstract

In its theoretical origins, democracy and representative government allude to two constitutional models in opposition: that of Rousseau and that of Montesquieu; the first inspired by the Roman magistrates with institutions such as the mandate, its revocable and controllable character, the expression of the will of the sovereign directly or through a judiciary of auditable authority; the second based on the election of a representative, the division of powers and the exacerbation of the so-called individual freedom. On the other hand, the constitutions of Latin America throughout their history have been limited in their development by the assumption, almost invariable, of Montesquieu’s model of advertising. From 1999 on, this reality has been changing with slight introductions of the model of participatory democracy, but this is still insufficient, both from the point of view of its scope and its institutional design. Faced with this reality, the Latin Roman iuspublicistic model, stands as a reference to take into account.