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Chapter Eight - The Most Recent Chilean Constitutional Moment and its Content

Published online by Cambridge University Press:  08 October 2021

Pablo Ruiz-Tagle
Affiliation:
Universidad de Chile
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Summary

The present constitutional moment is explored and the reasons why Chile needs a new Constitution are under consideration of this section. The contents and procedures that are necessary to carry out such a proposal. For example, the reasonable exercise of constitutional constituent power in Chile is analyzed and also the control of the Constituent, Destituent and Mutation of Constitutional Powers. Last but not least, the dilemas existing between participation and representation at the Chilean Constituent Process and what this means for the survival of Constitutional Democracy and Republicanism. Through reflection, persuasion and pacific political action is the strategy of republican constitutionalism to which we can aspire in our present and imperfect Fifth Republic, that is still neo-liberal and neo-presidential. We hope to transit in a peaceful way to a new political form, from which could emerge the Sixth Chilean Republic, characterized by a guarantee of economic, social and cultural rights and by a more democratic and balanced concept of authority. A real, moderate and sustainable version of the project of the Welfare State or the Social and Democratic State in Chile.

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Chapter
Information
Five Republics and One Tradition
A History of Constitutionalism in Chile 1810–2020
, pp. 258 - 278
Publisher: Cambridge University Press
Print publication year: 2021

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