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¿Fruto de la parra envenenada? Algunas observaciones comparadas sobre la Constitución Chilena

Author

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  • Tom, Ginsburg

    (University of Chicago, Chicago)

Abstract

Can a constitution born in dictatorship serve democracy, or is it inevitably tainted by the circumstances of its birth? This question is central in Chilean politics today, but Chile is not alone. Roughly 20% of constitutions in force today were drafted during undemocratic periods. Chile’s constitution, however, is part of a smaller set which we call transformational authoritarian constitutions. These constitutions (1) are explicitly framed as helping to structure a return to electoral democracy after a period of time; (2) reflects certain policy goals designed to be permanent; and (3) contain an enforcement mechanism to ensure that both these goals are met. The article then goes on to consider how constitutional reform should be achieved, drawing on comparative evidence.

Suggested Citation

  • Tom, Ginsburg, 2014. "¿Fruto de la parra envenenada? Algunas observaciones comparadas sobre la Constitución Chilena," Estudios Públicos, Centro de Estudios Públicos, vol. 0(133), pages 1-36.
    • Handle: RePEc:cpt:journl:v::y:2014:i133::p:1-36
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    Cited by:

    1. Edwards, Sebastian & Garcia Marin, Alvaro, 2015. "Constitutional rights and education: An international comparative study," Journal of Comparative Economics, Elsevier, vol. 43(4), pages 938-955.

    More about this item

    Keywords

    constitution; democracy; constitutional court; constitutional reform; authoritarian constitutionalism; constituent assembly; comparative law; constitutional organic laws;
    All these keywords.

    JEL classification:

    • K39 - Law and Economics - - Other Substantive Areas of Law - - - Other

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