This chapter examines the origins, design, and long-term impact of Chile’s 1980 Constitution, drafted under Augusto Pinochet’s military regime in the aftermath of the 1973 coup. It argues that the document was shaped by political priorities aimed at ensuring system stability through a “protected democracy” and economic objectives rooted in neoliberal principles. By concentrating power in the executive while limiting the authority of Congress, the Constitution formalized military oversight as a safeguard against instability and fragmentation. Simultaneously, it institutionalized a subsidiary role for the state, prioritizing privatization, deregulation, and protections for private property, diverging sharply from the 1925 Constitution. While achieving stability and economic continuity, the constitution’s authoritarian origin and rigid framework became enduring sources of tension. Critics largely bypassed debates about its substantive content or performance and instead focused on two fundamental flaws: its lack of democratic legitimacy and its procedural rigidity, which, they argued, rendered it incapable of representing or adapting to societal needs. These critiques laid the groundwork for the constitutional process, illustrating how institutions, regardless of their achievements, remain tied to their origins and become focal points of scrutiny when they fail to evolve.

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The 1980 Constitution

  • Kenneth Bunker

摘要

This chapter examines the origins, design, and long-term impact of Chile’s 1980 Constitution, drafted under Augusto Pinochet’s military regime in the aftermath of the 1973 coup. It argues that the document was shaped by political priorities aimed at ensuring system stability through a “protected democracy” and economic objectives rooted in neoliberal principles. By concentrating power in the executive while limiting the authority of Congress, the Constitution formalized military oversight as a safeguard against instability and fragmentation. Simultaneously, it institutionalized a subsidiary role for the state, prioritizing privatization, deregulation, and protections for private property, diverging sharply from the 1925 Constitution. While achieving stability and economic continuity, the constitution’s authoritarian origin and rigid framework became enduring sources of tension. Critics largely bypassed debates about its substantive content or performance and instead focused on two fundamental flaws: its lack of democratic legitimacy and its procedural rigidity, which, they argued, rendered it incapable of representing or adapting to societal needs. These critiques laid the groundwork for the constitutional process, illustrating how institutions, regardless of their achievements, remain tied to their origins and become focal points of scrutiny when they fail to evolve.