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This book explains how the People of Puerto Rico managed to adopt a
constitution whose content and process were both original and
colonialist, participatory and undemocratic, as well as progressive
and anticlimactic. It looks in detail at the rich contradictions of
the Puerto Rican constitutional experience, focusing on the history
and content of the 1952 Constitution. This constitution is the only
constitutional document written by the Puerto Rican People
themselves after more than 500 years of Spanish and US colonialism.
By exploring Puerto Rico's unique history and constitutional
experience the book shines a spotlight on key emerging themes of
comparative constitutional studies in this area: state
constitutionalism, the persistence of colonial relationships in the
Caribbean, and the continued development of constitutionalism in
Latin America. The book delves deep into the particular experience
of Puerto Rican constitutionalism which combines elements of
colonialism, democratic tensions, and progressive policies. It
explains how these features converge in a constitutional project
that has endured for 70 years and continues its contradictory
development. It considers issues such as the island's colonial
history, including its conflicting relationship with democratic
values and the constant presence of social movements and their
struggles. It also explores the content of the 1952 Constitution,
focusing on its progressive substantive policy, particularly its
rights provisions, its amendment procedures, and the governmental
structure it set up.
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