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A failed but useful constitution-making process: How Bachelet’s process contributed to constitution-making in Chile
(2023)
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 ...
How do constitution-making processes fail? The case of Chile’s Constitutional Convention (2021–22)
(2023)
This introduction to the symposium ‘How do Constitution-Making Processes Fail? The Case of Chile’s Constitutional Convention (2021–22)’ situates the project in the field of constitution-making, provides context regarding ...
PRIMITIVE CONSTITUTIONALISM AS A SUBSTRATUM FOR THE EMERGENCE OF THE IDEA OF MATERIAL CONSTITUTION
(Iustel, 2021-01-01)
This study is about the importance of the movements of regulation of the society that occurred in the old age for the formation of the ideary dominant constitutionalism in the contemporary period. It addresses the existence ...
GUARANTEE BASED CONSTITUTIONALISM: DEMOCRACY AND POPULAR SOVEREIGNTY WITHOUT THE PEOPLE
(Facultad de Derecho, Universidad Catolica de Chile, 2019-04-01)
This work seeks to analyse the defence of constitutional review made by the Italian legal theorist Luigi Ferrajoli and how it is related with his conception of democracy (a conception marked by anti-popular elements). ...
Elite non-cooperation in polarized democracies: Constitution-making deferral, the entry referendum and the seeds of the Chilean failure
(2023)
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 ...
Reconsidering Constitutional Formation I National Sovereignty: A Comparative Analysis of the Juridification by Constitution
This open access book can be downloaded from link.springer.comLegal studies and consequently legal history focus on constitutional documents, believing in a nominalist autonomy of constitutional semantics. Reconsidering ...
Fondements et acquis normatifs du neo-constitutionnalisme africain: des avancees theoriques notables
his paper analyses the basis of African neo-constitutionalism and explores the intelligibility of the "new use" of the constitution in black Africa from the analysis of two cases of the constitutional trajectories: Mali ...
The Mix of Latin American Populist Constitutionalism
(2022)
In this article, we study Latin American populist constitutions and their
uses, seeking to analytically understand whether populist constitutionalism is,
indeed, a thing. We posit that Latin American populist constitutionalism ...
The dual aversion of Chile’s constitution-making process: Bolivarian constitutionalism and the Pinochet Constitution
(2021)
Chile initiated a constitution-making process in late 2019, after the major political parties signed an agreement to respond to the massive demonstrations that took over the streets in October of 2019.
Dominant trends in ...