Book contents
- Five Republics and One Tradition
- Cambridge Studies in Law and Society
- Five Republics and One Tradition
- Copyright page
- Contents
- Tables
- Introduction
- Chapter one Republican Constitutionalism as an Ideal Type and Tradition and its Alternatives
- Chapter Two First Republic: The Independent Republic, 1810–1830
- Chapter Three Second Republic: The Authoritarian Republic, 1830–1870
- Chapter Four Third Republic: The Liberal Republic, 1870–1924
- Chapter Five Fourth Republic: The Democratic Republic, 1932–1973
- Chapter Six The Dictatorial Imposition of Authoritarian Constitutionalism, 1973–1990
- Chapter Seven Fifth Republic: The Neoliberal Republic, 1990 to Date
- Chapter Eight The Most Recent Chilean Constitutional Moment and its Content
- Afterword
- Annex Agreement for Social Peace and a New Constitution (2019)
- Bibliography
- Index
- Cambridge Studies in Law and Society
Chapter Six - The Dictatorial Imposition of Authoritarian Constitutionalism, 1973–1990
Published online by Cambridge University Press: 08 October 2021
- Five Republics and One Tradition
- Cambridge Studies in Law and Society
- Five Republics and One Tradition
- Copyright page
- Contents
- Tables
- Introduction
- Chapter one Republican Constitutionalism as an Ideal Type and Tradition and its Alternatives
- Chapter Two First Republic: The Independent Republic, 1810–1830
- Chapter Three Second Republic: The Authoritarian Republic, 1830–1870
- Chapter Four Third Republic: The Liberal Republic, 1870–1924
- Chapter Five Fourth Republic: The Democratic Republic, 1932–1973
- Chapter Six The Dictatorial Imposition of Authoritarian Constitutionalism, 1973–1990
- Chapter Seven Fifth Republic: The Neoliberal Republic, 1990 to Date
- Chapter Eight The Most Recent Chilean Constitutional Moment and its Content
- Afterword
- Annex Agreement for Social Peace and a New Constitution (2019)
- Bibliography
- Index
- Cambridge Studies in Law and Society
Summary
During this period occurred the collapse, not only of the Fourth Republic but also of the republican institutionality that was forged in Chile from its independence. The catalyst of this collapse is the decision to transfer the constituent power from the people to the Military Junta, headed by Pinochet. This transfer has no previous precedent in the republican history of Chile, and therefore breaks with our political and constitutional tradition, begun at Independence. During the Chilean dictatorship, starting in 1973, a new constitutional ideal of anti-republican orientation is installed by force. This process was consolidated in 1980 when Pinochet "granted" a Constitution that, together with assigning the military a political function not subordinated to the civil power, sets out to institutionalize a conception neo-liberal in respect of the laws and authoritarian in respect of government, inspired in Freidrich von Hayek and Carl Schmitt and, in the Estatuto de Garantías Constitutionales, adopted as law in 1970.
- Type
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- Information
- Five Republics and One TraditionA History of Constitutionalism in Chile 1810–2020, pp. 141 - 150Publisher: Cambridge University PressPrint publication year: 2021