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Reflexiones sobre rigidez constitucional y democracia: pasado, presente y futuro en Chile.
- Source :
-
Díkaion . 2024, Vol. 33 Issue 1, p1-34. 34p. - Publication Year :
- 2024
-
Abstract
- This paper reflects on the relationship between constitutional change and stability based on the Chilean case. The article revolves around two questions: How do constitutional rigidity and democracy relate? How was this relationship established in recent Chilean constitutionalism? In this article, I argue that a type of counter-majoritarian rigidity makes it challenging to accommodate constitutionalism and democracy. I suggest that the Chilean model was characterized by this rigidity, which generated a constitutional crisis that led to two failed constitutional processes. Despite this, the current Constitution has undergone a fundamental change expressed in its flexibilization. Finally, I reflect on the institutional possibilities of participatory constitutional change based on a critical analysis of the amendment model in the 2022 constitutional proposal. [ABSTRACT FROM AUTHOR]
Details
- Language :
- Spanish
- ISSN :
- 01208942
- Volume :
- 33
- Issue :
- 1
- Database :
- Academic Search Index
- Journal :
- Díkaion
- Publication Type :
- Academic Journal
- Accession number :
- 178821080
- Full Text :
- https://doi.org/10.5294/dika.2024.33.1.5