Hypotheken der Vergangenheit: Geschichte und Rahmenbedingungen der aktuellen Verfassungsgebung in Chile

In: Zeitschrift für Parlamentsfragen, Band 53, Heft 3, S. 667-690

Abstract

Between July 4th, 2021 and July 4th, 2022, a Constitutional Convention met in Santiago de Chile to draft a new constitution for the Republic of Chile. Tue convening of this body was preceded by social unrest in October 2019, which fundamentally called into question the semblance of the country's social and political stability. Constitutional legacies from the time of the civil-military dictatorship have survived the years of transition to democracy and the rule of law and, with their long-term effects, have caused an institutional rigidness in the country that contributed significantly to the insolvability of pending social problems. Tue analysis of what came before the current constitutional process not only proves to be the key to understanding this process and the draft of the constitution itself. It also offers exemplary insights into the immanent contradictions of comparable transformation processes that Chile has undergone in the approximately thirty years since the end of the dictatorship.