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Reflexiones sobre rigidez constitucional y democracia: pasado, presente y futuro en Chile.

Authors :
Aylwin Fernández, Vicente
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