
Contents
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4.1 Introduction 4.1 Introduction
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4.2 Constitutionalism and Constitutions in Chile 4.2 Constitutionalism and Constitutions in Chile
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4.2.1 Foundations 1810–1828 4.2.1 Foundations 1810–1828
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4.2.2 Building a Strong Presidency (1833–1973) 4.2.2 Building a Strong Presidency (1833–1973)
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4.2.3 From Dictatorship to Agreed Transition (1973–1990) 4.2.3 From Dictatorship to Agreed Transition (1973–1990)
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4.2.4 From a Neutralized People to Demands for a New Constitution (1990–2018) 4.2.4 From a Neutralized People to Demands for a New Constitution (1990–2018)
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4.2.5 Enter the people: ‘El Estallido’ (October 2019) 4.2.5 Enter the people: ‘El Estallido’ (October 2019)
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4.3 Rights: Between National and International 4.3 Rights: Between National and International
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4.3.1 Rights 4.3.1 Rights
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4.3.2 General Rules in Current Regulations 4.3.2 General Rules in Current Regulations
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4.3.2.1 Entitlement 4.3.2.1 Entitlement
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4.3.2.2 Limitations and Restrictions on Rights 4.3.2.2 Limitations and Restrictions on Rights
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4.3.2.3 Remedies 4.3.2.3 Remedies
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4.3.3 International Law: Its Impact on Rights 4.3.3 International Law: Its Impact on Rights
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4.4 The Current Constitution 4.4 The Current Constitution
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4.4.1 Separation of Powers 4.4.1 Separation of Powers
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4.4.2 The Executive Branch 4.4.2 The Executive Branch
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4.4.2.1 Governmental Powers 4.4.2.1 Governmental Powers
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4.4.2.2 Administrative Powers 4.4.2.2 Administrative Powers
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4.4.2.3 Constituent and Legislative Powers 4.4.2.3 Constituent and Legislative Powers
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4.4.3 The Legislative Branch 4.4.3 The Legislative Branch
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4.4.3.1 The National Congress 4.4.3.1 The National Congress
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4.4.3.2 Legislative Process 4.4.3.2 Legislative Process
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4.4.4 The Judiciary 4.4.4 The Judiciary
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4.4.5 Territorial Distribution of Power 4.4.5 Territorial Distribution of Power
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4.4.5.1 General Overview 4.4.5.1 General Overview
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4.4.5.2 Recent Developments 4.4.5.2 Recent Developments
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4.5 Constitutional Reform 4.5 Constitutional Reform
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4.6 Constitutional Review: Courts and Judicialization 4.6 Constitutional Review: Courts and Judicialization
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4.6.1 Constitutional Review 4.6.1 Constitutional Review
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4.6.2 Judicial Review 4.6.2 Judicial Review
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4.7 Constitutional Scholarship (Some Brief Notes) 4.7 Constitutional Scholarship (Some Brief Notes)
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Acknowledgements Acknowledgements
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5 Constitutional History of the Colombian Paradox (1886–2016): Hegemony, Exception, and Postponement
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4 Chile
Get accessDomingo Lovera Parmo, Professor, Diego Portales University.
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Published:13 January 2022
Cite
Abstract
This chapter begins by sketching a historical development of constitutions in Chile. It shows that Chile’s historical profile is a model of authoritarian constitutional impositions. The defining contours of Chile’s constitutional relations of power will be addressed in the three sections that provide a general idea of rights regulations in Chile; a description of current institutional frameworks of political power; and look at what has become a third tenet of constitutionalism—constitutional review of legislation. It argues that the exploration of these contours shows that Chile’s current constitutional regulations emphasize just one of the faces of constitutionalism, which conceives rights and institutional frameworks as tools aimed exclusively to limit, instead of enabling, governmental power. This limiting character of Chile’s constitutional scheme has been achieved at the cost of limiting the people’s involvement with political power. The chapter concludes with a brief look at Chile’s constitutional scholarship.
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