Democratic transitions as a normative concept remain largely overlooked by constitutional theory. This article conceptualizes democratic transitions as ‘Moments of Constitutional Reconstruction’ in which the basic structure of the democratic regime is redefined according to the context. Three criteria allow us to recognize when these arrangements are foundational: (i) their common objective is to design lasting anti-authoritarian safeguards; (ii) the crisis involves broad social mobilization; and (iii) inter-party negotiation is pluralistic. Normatively, it is argued that modifying these foundational institutional arrangements requires reinforced standards of democratic legitimacy. As a case study, the Peruvian Constituent Assembly (1978-1979) is presented as the first Peruvian Moment of Constitutional Reconstruction, from which two foundational arrangements emerged. The first is the...

Democratic transitions as a normative concept remain largely overlooked by constitutional theory. This article conceptualizes democratic transitions as ‘Moments of Constitutional Reconstruction’ in which the basic structure of the democratic regime is redefined according to the context. Three criteria allow us to recognize when these arrangements are foundational: (i) their common objective is to design lasting anti-authoritarian safeguards; (ii) the crisis involves broad social mobilization; and (iii) inter-party negotiation is pluralistic.Normatively, it is argued that modifying these foundational institutional arrangements requires reinforced standards of democratic legitimacy. As a case study, the Peruvian Constituent Assembly (1978-1979) is presented as the first Peruvian Moment of Constitutional Reconstruction, from which two foundational arrangements emerged. The first is the ...