Становлення конституційних норм у країнах Латинської Америки: історичний аспект

The article is devoted to the historical and legal analysis of the formation of constitutional norms in Latin American countries and the identification of the key features of the first constitutional acts, which were shaped under the influence of colonial legacy, European legal positivism, and North American republicanism. The study examines the stages in the evolution of legal regulation of social relations in the region – from the dominance of customary law in the pre-colonial period to the development of national legal systems after independence. The author explores the impact of external factors on the emergence of Latin American constitutionalism, particularly the ideas of the French Revolution and the fundamental provisions of the U.S. Constitution. The article defines the main characteristics of constitutional legislation in the region and explains the reasons for their consolidation. Special attention is paid to the predominantly mechanical nature of the implementation of European and North American constitutional principles, caused by the lack of substantial changes in social structures and political-legal traditions. The influence of internal instability on the formation of the constitutional and legal framework in Latin America is also addressed. The constitutions of Venezuela, Bolivia, and Brazil receive particular focus. The article traces the adaptation of fundamental principles – such as separation of powers, federalism, legal liberalism, and republicanism – to the realities of postcolonial states. It outlines the constitutional norms that defined the structure and division of powers, the political and territorial organization of the states, and the legal status of individuals and citizens. The Constitution of Brazil (1824) is used to demonstrate the political and legal contradiction between the liberal content of the provisions and the practical preservation of feudal-oligarchic and even slave-owning structures. Attention is drawn to trends toward strengthening executive power, particularly in the Constitution of Bolivia (1826). The study reveals the complexity and multidimensional nature of Latin American constitutional development, which unfolded under conditions of deep socio-economic inequality, geopolitical dependence, and legal mimicry. It contributes to the comparative understanding of how legal systems are formed and transformed under the influence of both global and local factors, offering an interdisciplinary perspective on constitutional development as a historical and cultural phenomenon.