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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 ...
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 ...
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 ...
How Political Narratives Affect the Self-Enforcing Nature of Interim Constitutions
(2021)
This essay seeks to contribute to the literature that asks how interim constitutions can become self-enforcing norms capable of producing a successful constitution-making process. It uses the Chilean constitution-making ...
The Issues of Decisionism in the Implementation of the Constitutional Authority
(Universidad del Zulia, 2020)
Constitutional Amendments: Making, Breaking, and Changing Constitutions, by Richard Albert, Oxford University Press, 2019
(Departamento de Derecho Constitucional, 2020-12-07)
O processo decisório na Constituição de 1988: práticas institucionais
(CEDEC, 2003)
The making of the Brazilian Constitution of 1988 is examined along two axis. The first concerns the establishment of a method for discussion and approval of the constitutional text. The second refers to the points of view ...
Legality, Legitimacy, and Democratic Constitution Making
What makes a constitution democratically legitimate? What kind of constitution making process is more likely to yield democratic and constitutionalist outcomes? These are two of the central questions guiding the work of ...
The fall of the Constitution’s political insurance: How the Morales regime eliminated the insurance of the 2009 Bolivian Constitution
(2019)
Some scholars argue that constitutions may include an insurance that aims to protect the political rights of prospective electoral losers and prevents a dominant ruling coalition from undermining the competitiveness of the ...