{"title":"一个构成的组成过程?智利试图取代皮诺切特宪法的失败(2013-2019)","authors":"Pablo Contreras, Domingo Lovera","doi":"10.4013/rechtd.2021.133.03","DOIUrl":null,"url":null,"abstract":"Chile’s 1980 constitution was forcibly imposed by a bloody dictatorship. Its original sin, however, was not the only democratic fault. The rules or constitutional locks were designed to have a protected democracy that limited the exercise of popular sovereignty. Until today, Chile is the only Latin American democracy that has not yet replaced the substantive normative grounds upon which the dictatorship cemented its power. The paper examines how the theory of constituted constituent power may have ambivalent results, by taking Chile’s case study. In particular, it assess the attempt of former President Bachelet to replace the Constitution under the current rules. Although such project initially had the potential to truly transform Chile’s constitutio","PeriodicalId":53186,"journal":{"name":"Revista de Estudos Constitucionais, Hermeneutica e Teoria do Direito","volume":" ","pages":""},"PeriodicalIF":0.1000,"publicationDate":"2022-05-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"A constitued constituent process? Chile’s failed attempt to replace Pinochet’s constitution (2013-2019)\",\"authors\":\"Pablo Contreras, Domingo Lovera\",\"doi\":\"10.4013/rechtd.2021.133.03\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Chile’s 1980 constitution was forcibly imposed by a bloody dictatorship. Its original sin, however, was not the only democratic fault. The rules or constitutional locks were designed to have a protected democracy that limited the exercise of popular sovereignty. Until today, Chile is the only Latin American democracy that has not yet replaced the substantive normative grounds upon which the dictatorship cemented its power. The paper examines how the theory of constituted constituent power may have ambivalent results, by taking Chile’s case study. In particular, it assess the attempt of former President Bachelet to replace the Constitution under the current rules. Although such project initially had the potential to truly transform Chile’s constitutio\",\"PeriodicalId\":53186,\"journal\":{\"name\":\"Revista de Estudos Constitucionais, Hermeneutica e Teoria do Direito\",\"volume\":\" \",\"pages\":\"\"},\"PeriodicalIF\":0.1000,\"publicationDate\":\"2022-05-24\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Revista de Estudos Constitucionais, Hermeneutica e Teoria do Direito\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.4013/rechtd.2021.133.03\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q4\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Revista de Estudos Constitucionais, Hermeneutica e Teoria do Direito","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.4013/rechtd.2021.133.03","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q4","JCRName":"LAW","Score":null,"Total":0}
A constitued constituent process? Chile’s failed attempt to replace Pinochet’s constitution (2013-2019)
Chile’s 1980 constitution was forcibly imposed by a bloody dictatorship. Its original sin, however, was not the only democratic fault. The rules or constitutional locks were designed to have a protected democracy that limited the exercise of popular sovereignty. Until today, Chile is the only Latin American democracy that has not yet replaced the substantive normative grounds upon which the dictatorship cemented its power. The paper examines how the theory of constituted constituent power may have ambivalent results, by taking Chile’s case study. In particular, it assess the attempt of former President Bachelet to replace the Constitution under the current rules. Although such project initially had the potential to truly transform Chile’s constitutio
期刊介绍:
Revista de Estudos Constitucionais, Hermenêutica e Teoria do Direito (RECHTD) is published by UNISINOS three times a year and it aims to publish original research papers, articles for discussion and book reviews in the following areas: Hermeneutics, Constitution and Realization of Rights; Society, New Rights and Transnationalization. The articles or unpublished papers will be published in the language they were submitted and will be evaluated by at least two reviewers using the double blind review system. In other words, during the evaluation process the author’s name will not be revealed to the referees and neither the referees’ names will be revealed to the author.