Chile’s ‘Procedurally Regulated’ Constitution-Making Process

Couso, Javier

doi:10.1007/s40803-021-00157-3

Cited by 5 publications

(1 citation statement)

References 7 publications

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“…The entry referendum has received little attention from observers of the Chilean process except to assess its political and electoral implications. 46 In this part, I address this gap by arguing that its inclusion in the process design helped the political elite to sidestep an agreement on the constitution-making model. This left the interim Constitution too open-ended, undermining elite cooperation and accommodation by preventing consensus-building at a critical moment in the process.…”

Section: The Entry Referendum and Its Constitution-making Consequencesmentioning

confidence: 99%

Elite non-cooperation in polarized democracies: Constitution-making deferral, the entry referendum and the seeds of the Chilean failure

García-Huidobro

2023

Glob. Con.

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This article extends the study of the shortcomings of the constitution-making design that contributed to the failure of the Chilean process by addressing a largely overlooked aspect: the 2020 entry referendum. By placing two competing constitution-making models on the ballot, the political elites delegated to the voters a highly conflictual aspect of the process design that prevented cooperation among them. While some political parties approached the disagreements placed on the ballot as an opportunity to reopen discussions already settled by the 2019 Agreement, others interpreted the move as a cancellation of the political insurance contained in the Agreement. This exacerbated the existing polarization among political elites and imperiled prospects for the success of the process.

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Section: The Entry Referendum and Its Constitution-making Consequencesmentioning

confidence: 99%

Elite non-cooperation in polarized democracies: Constitution-making deferral, the entry referendum and the seeds of the Chilean failure

García-Huidobro

2023

Glob. Con.

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A failed but useful constitution-making process: How Bachelet’s process contributed to constitution-making in Chile

García

2023

Glob. Con.

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This article shows how failed constitutional proposals may contribute to future constitution-making processes by exploring the relationship between the recently failed Chilean constitution-making process (2019–22) and the previous unsuccessful one led by former President Michelle Bachelet (2015–17). Comparative constitutional scholars are yet to fully understand how constitutional failures of this kind can take place, and Bachelet’s process has not received the attention it should. This article fills that gap by showing how both processes were driven by shared principles initially set by Bachelet. It also shows how those principles may serve as a blueprint for future constitutional changes in Chile. Bachelet had campaigned on the basis that any constitutional replacement attempt should be participatory, institutional and democratic – all ideas that have remained popular in Chile’s political landscape. Those ideas have served the purpose of both reducing transaction costs among constitutional negotiators and securing large compromises in polarized political scenarios.

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‘Voto Preso’: Prisoners’ enfranchisement in Chile

Marshall,

Rochow,

Faúndez

2024

Howard J Crime Justice

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This article analyses the enfranchisement process of the prison population in Chile. Although institutions were reluctant to grant the vote to this group for several years, in 2022, new policies allowed prisoners to suffrage for the first time. The Voto Preso movement, a set of organisations struggling for prisoners’ political participation, played a fundamental role in this transformation. However, incarcerated people's participation in constructing the movement's demands and strategies was scarce. Drawing on eleven interviews with key movement actors, the article sheds light on the main discourses by which it promoted the materialisation of Chilean prisoners’ voting rights. The article also critically scrutinises the consequences of prisoners’ limited inclusion in the Voto Preso movement. Finally, the article discusses how its analytical approach may open new avenues for studying prisoner dis/enfranchisement as a situated boundary issue.

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Chile’s ‘Procedurally Regulated’ Constitution-Making Process

Cited by 5 publications

References 7 publications

Elite non-cooperation in polarized democracies: Constitution-making deferral, the entry referendum and the seeds of the Chilean failure

Elite non-cooperation in polarized democracies: Constitution-making deferral, the entry referendum and the seeds of the Chilean failure

A failed but useful constitution-making process: How Bachelet’s process contributed to constitution-making in Chile

‘Voto Preso’: Prisoners’ enfranchisement in Chile

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