Download Constitutionalism and Dictatorship: Pinochet, the Junta, and by Robert Barros PDF

By Robert Barros

It truly is largely 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 military have been restricted through associations in their personal layout. in response to broad documentation of army decision-making, a lot of it lengthy labeled and unavailable, this e-book reconstructs the politics of associations in the contemporary Chilean dictatorship (1973–1990). It examines the structuring of associations on the apex of the army junta, the connection of army rule with the earlier structure, the intra-military conflicts that resulted in the promulgation of the 1980 structure, the good judgment of associations inside the new structure, and the way the structure restricted 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 strength centred in Pinochet to be grossly faulty.

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Additional resources for Constitutionalism and Dictatorship: Pinochet, the Junta, and the 1980 Constitution

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14 Dictatorship, Legality, Institutional Constraints do these practices limit the machinery of the state and contain its activity within preestablished legal and constitutional bounds. 7 In contrast to “normative” constitutions which guarantee rights and structure a frame for democratic competition and government, Loewenstein distinguishes “nominal” and “semantic” constitutions. A nominal constitution on paper upholds the values of democracy and limited government, but despite its legal validity is not effective and is a constitution in name only.

With the exception of the Chilean constitution of 1980, this has been the norm in Latin America. According to one study (Complak 1989, 69) of “de facto governments” in Latin America during the period 1930–1980, in eight cases the de facto government derogated the prior constitution and instituted a constitution of its own making. In all of these cases these constitutions were in force only as long as the authoritarian government remained in power. The wave of constitution making that followed the collapse of state socialism also appears to confirm this point.

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. The concept of sovereignty involves a principle of hierarchy whereby the validity of any law or authority derives from a superior law or authority.

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