Chairs
Pedro P. Grández pgrandez@pucp.pe; Abraham Siles Vallejo; Alfonso Herrera García; Rosa Isabel Sánchez Benites; Diego Pomareda Muñoz; Niels Apaza Jallo

Broadly speaking, “deconstitutionalisation” is a term employed to describe the progressive deterioration of the normative model of the Constitutional State. In certain instances, this entails the obstruction of mechanisms of constitutional review; in others, it involves the direct capture of the bodies entrusted with such oversight, achieved through strategies such as controlling the appointment of members to Constitutional Courts or Supreme Courts. At times, recourse is had to
the modification of constitutional content via ordinary legislation, which is subsequently validated by a court subject to the control of the political branches.

Frequently, deconstitutionalisation manifests as the manipulation of constitutional amendment processes, as evidenced by the recent radical overhaul of the judicial selection system in Mexico. As a consequence of these processes and strategies, the Constitution—which previously held binding force—is rendered, once again, irrelevant to the purposes for which it was conceived. Much like constitutionalisation, this is an incremental process; its impact may range from isolated episodes that distort the meaning of constitutional clauses, to an absolute and systemic degradation that entirely nullifies the value and purpose of the Constitution as a whole.

The objective of this panel is, precisely, to identify common patterns or strategies emerging across diverse contexts. In contrast to phenomena examined through the lens of political science—such as ‘democratic erosion’, ‘democratic backsliding’, ‘populism’, or ‘illiberalism’ —this panel focuses its enquiry on the dismantling of the specific strategies of constitutionalism. Techniques of constitutional review, the balance of powers (checks and balances), judicial independence, and the very rigidity of the Constitution are evaluated as benchmarks, serving to gauge the degree of deconstitutionalisation in a given context. Papers should, where feasible, address concrete experiences regarding the dismantling or deterioration of the constitutional model.