De la Disrupción a la Nueva Constitución: El Proceso Chileno en el Ciclo de Crisis 2011 A 2019
From the Disruption to the New Constitution: the Chilean Process in the Crisis Cycle, 2011-2019
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The process of forming a constituent assembly which started in 2019 is a democratic response to the authoritarian matrix of the 1980 Constitution; hence, the political understanding of both processes of construction of the fundamental legal framework must be found in the previous moment that inaugurated a new structuring of power in society, and which allows the emergence of an associated constituent power. In 1980 the previous restructuring of power came from the coup. In 2019 the previous restructuring of power came from the cycle of mobilizations from 2011 to 2019, which culminated in the social explosion of October 2019 and which forced the post-dictatorship elite to seek a way out of the crisis through a constitutional change. In this context, the dictatorial Constitution was the institutional translation of the authoritarian regime and the monetarist economic model, and it was a synthesis of the conservative Hispanic and Catholic legal tradition. The process of creating a new constituent assembly is a response to the exclusions of the Chilean political transition, and it is mainly the translation of the anti-neoliberal social movements in the form of a fundamental legal framework. What will be its big challenge? It will be to respond to discomfort more than to criticism; thus, transforming the malaise into a project of society is the main hope and the greatest difficulty.
Abstract
The process of forming a constituent assembly which started in 2019 is a democratic response to the authoritarian matrix of the 1980 Constitution; hence, the political understanding of both processes of construction of the fundamental legal framework must be found in the previous moment that inaugurated a new structuring of power in society, and which allows the emergence of an associated constituent power. In 1980 the previous restructuring of power came from the coup. In 2019 the previous restructuring of power came from the cycle of mobilizations from 2011 to 2019, which culminated in the social explosion of October 2019 and which forced the post-dictatorship elite to seek a way out of the crisis through a constitutional change. In this context, the dictatorial Constitution was the institutional translation of the authoritarian regime and the monetarist economic model, and it was a synthesis of the conservative Hispanic and Catholic legal tradition. The process of creating a new constituent assembly is a response to the exclusions of the Chilean political transition, and it is mainly the translation of the anti-neoliberal social movements in the form of a fundamental legal framework. What will be its big challenge? It will be to respond to discomfort more than to criticism; thus, transforming the malaise into a project of society is the main hope and the greatest difficulty.