The dual aversion of Chile’s constitution-making process
-
Verdugo, Sergio [1] ; Prieto, Marcela [2]
-
[1] Universidad del Desarrollo
Universidad del Desarrollo
Santiago, Chile
-
[2] University of Southern California
University of Southern California
Estados Unidos
-
- Localización: International journal of constitutional law, ISSN 1474-2640, Vol. 19, Nº. 1, 2021, págs. 149-168
- Idioma: inglés
- Texto completo no disponible (Saber más ...)
- Dialnet Métricas: 1 Cita
-
Resumen
Chile initiated a constitution-making process in late 2019, after the major political parties signed an agreement to respond to the massive demonstrations that took over the streets in October of 2019. Dominant trends in Chile and Latin America’s constitutional thought typically examine this type of process through the lenses of the constituent power or transformative constitutionalism. The authors of this essay offer a different view. They argue that Chile’s constitution-making process, as designed by the multiparty agreement, manifests a double aversion: to avoid the Bolivarian way of constitution-making—including its associated constituent power narrative—and to put an end to the institutional and symbolic legacy of the Pinochet regime. In attempting to stay clear of these two negative models, the authors argue that the rules of the constitution-making process have adopted the main features of the post-sovereign model of constitution-making.
