Get Constitutionalism and Dictatorship: Pinochet, the Junta, and PDF
By Robert Barros
It's commonly believed that autocratic regimes can't restrict their energy via associations in their personal making. This ebook offers a shocking problem to this view. It demonstrates that the Chilean defense force have been limited via associations in their personal layout. in response to large documentation of army decision-making, a lot of it lengthy categorised and unavailable, this ebook reconstructs the politics of associations in the fresh Chilean dictatorship (1973–1990). It examines the structuring of associations on the apex of the army junta, the connection of army rule with the past structure, the intra-military conflicts that ended in the promulgation of the 1980 structure, the common sense of associations inside the new structure, and the way the structure limited the army junta after it went into strength in 1981. This provocative account finds the traditional account of the dictatorship as a personalist regime with energy targeted in Pinochet to be grossly misguided.
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Additional info for Constitutionalism and Dictatorship: Pinochet, the Junta, and the 1980 Constitution
Similarly, if we associate limits with a republican understanding of constitutions in which the constitution stands as a higher law created by a people to structure and protect a democratic framework of government, we also reach a stalemate. 12 Either approach to constitutionalism ends up reiterating by deﬁnition the original antinomy between limits and authoritarianism. This impasse can be avoided by detaching the concept of institutional limit from the ends associated with constitutionalism. Such limits, according to Charles Howard McIlwain (1947, 21), are the “one essential quality” that traverses the history of constitutionalism.
If the ﬁrst assumption is relaxed and we concede the possibility that an authoritarian regime may be structured upon an internal pluralism of actors, then it becomes conceivable that power can be subject to institutional limits without necessarily transforming the nondemocratic character of the regime. To what extent such a scenario should be understood as a process of self-binding, though, is a separate question which we also need to address. 31 Constitutionalism and Dictatorship Nonmonocratic Dictatorship and Collective Foundations for Ongoing Institutional Limits As both the theory of sovereignty and the literature on credible commitments contend, supreme actors can effectively be bound by institutions only if they can be freed of the discretionary authority that otherwise allows them to modify any rules or institutions that constrain them.
In these instances, the actor exercising full powers of selection is sovereign, as it can replace the legislator at will and thereby indirectly mold the law. 20 Dictatorship, Legality, Institutional Constraints teristics of sovereignty which lead these theorists to maintain that sovereignty cannot be limited by legal institutions concern the location of this power and its ﬁnality. With regard to location, sovereignty refers to the highest power in a legal system and should not be conﬂated with an entire legal order.
Constitutionalism and Dictatorship: Pinochet, the Junta, and the 1980 Constitution by Robert Barros