Diseño constitucional y separación de poderes en América Latina

Abstract

This article provides a critical review of the model of checks and balances on which Latin American presidential regimes were originally founded. It argues that this model no longer comprises a normatively desirable design strategy nor does it serve as a criterion for the separation of powers adopted by most Latin American constitutions. Bearing in mind the design alternatives that exist in this region, the study offers a different view of the separation of powers in which it will be possible to combine representative pluralism with the ability to adopt effective decisions.