22 June 2021
Chile’s Kaleidoscopic Constituent Assembly
Chile is getting rid of Pinochet — at long last. Last month, Chileans elected a constituent assembly that will draft a constitutional text to replace the current Constitution, which the dictator imposed in 1980. Though the result of the deliberative process that will soon commence is uncertain, one thing is sure: Chile’s constituent assembly resembles the country in ways that no political arrangement had allowed so far. Continue reading >>
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04 March 2021
Assembling Social Rights
In April 2021, Chile will hold elections for its first constitutional assembly. It will draft a new constitution to replace the current one, born in 1980 during Chile’s military dictatorship. One topic that will be at the center of the assembly’s debate is the status that ‘social rights’ shall have in the new constitution. The most debated issue in this regard is whether such rights should be directly enforceable. Despite the distance in time, space and culture, the drafting of Chile’s new constitution can learn important lessons from Germany’s constitutions of 1919 and 1949 in this field. Continue reading >>
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25 May 2010
Caudillo-Konstitutionalismus
Kein Kontinent ist freudiger am Werk, wenn es ans Verfassunggeben […] Continue reading >>
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