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10 - Transformational Authoritarian Constitutions

The Case of Chile

from Part IV - Authoritarian Transitions

Published online by Cambridge University Press:  28 February 2020

Tom Ginsburg
Affiliation:
University of Chicago
Aziz Z. Huq
Affiliation:
University of Chicago
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Summary

Can a constitution born in dictatorship serve democracy, or is it inevitably tainted by the circumstances of its birth? This question is central in Chilean politics today, but Chile is not alone. Roughly 20 percent of constitutions in force today were drafted during undemocratic periods. Chile’s constitution, however, is part of a smaller set which we call transformational authoritarian constitutions. These constitutions (1) are explicitly framed as helping to structure a return to electoral democracy after a period of time; (2) reflect certain policy goals designed to be permanent; and (3) contain an enforcement mechanism to ensure that both these goals are met. The chapter then goes on to consider how constitutional reform should be achieved, drawing on comparative evidence.

Type
Chapter
Information
From Parchment to Practice
Implementing New Constitutions
, pp. 239 - 262
Publisher: Cambridge University Press
Print publication year: 2020

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