What Constitution? On Chile’s Constitutional Awakening

Law and Critique 31 (1):7-39 (2020)
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Abstract

This paper explores the political awakening of the Chilean people that began in October 2019. It puts forward an alternative reading of the people’s claim for a new constitution. The first section briefly describes the October outcry and provides some context with regards to the nature of the social movement at its root. The two following sections examine two periods in Chilean recent history, the Pinochet regime and the period that has come after its overturn, focusing on two elements: the neoliberal model set up by the dictatorship and the Constitution of 1980, which was designed to block the people’s political agency for the purpose of protecting the model. The final section works with these two elements in order to provide an alternative scheme by which to examine Chile’s awakening, the central question being: what does the claim for a new constitution mean? And critical for these purposes: what constitution is being overturned? Pinochet’s political project distorted constitutional ideas in such a way that only by clarifying the conceptual horizon is it possible to visualize how the concept of constitution and its relationship with the idea of a constituent power of the people can be of help to understand Chile’s constitutional awakening.

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A Brief History of Neoliberalism.David Harvey - 2005 - Oxford University Press.

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