Member-only story

Pinochet, the Junta and the 1980 Constitution: A Case Study in Authoritarian Rule

Logan Cox

·5.7k Followers· Follow

Published in Constitutionalism And Dictatorship: Pinochet The Junta And The 1980 Constitution (Cambridge Studies In The Theory Of Democracy 4)

5 min read

1k View Claps

98 Respond

Save

Listen

Constitutionalism and Dictatorship: Pinochet the Junta and the 1980 Constitution (Cambridge Studies in the Theory of Democracy 4)

Constitutionalism and Dictatorship: Pinochet, the Junta, and the 1980 Constitution (Cambridge Studies in the Theory of Democracy Book 4)

by Robert Barros

4.7 out of 5

Language	:	English
File size	:	3750 KB
Text-to-Speech	:	Enabled
Word Wise	:	Enabled
Print length	:	368 pages
Lending	:	Enabled
Screen Reader	:	Supported

The 1980 Chilean constitution was drafted under the military dictatorship of General Augusto Pinochet and was approved by a plebiscite in 1980. The constitution established a strong executive presidency and a weak legislature and judiciary. It also included a number of provisions that restricted civil liberties and political rights.

The 1980 constitution was designed to legitimize Pinochet's regime and to prevent the return of democracy to Chile. It was successful in both of these objectives. Pinochet ruled Chile until 1990, when he was defeated in a presidential election. However, the 1980 constitution remained in force until 2005, when it was replaced by a new constitution that was drafted by a democratically elected constituent assembly.

Background

The 1980 Chilean constitution was drafted in the context of a military dictatorship that had come to power in a coup d'état in 1973. The coup was led by General Augusto Pinochet, who became the head of the military junta that ruled Chile for the next 17 years.

The military junta suspended the 1925 Chilean constitution and ruled by decree. It also banned all political parties and trade unions and suspended civil liberties. The junta's rule was characterized by widespread human rights abuses, including torture, murder, and arbitrary detention.

In 1978, the junta announced that it would hold a plebiscite on a new constitution. The constitution was drafted by a commission appointed by the junta and was approved by a plebiscite in 1980.

The 1980 Constitution

The 1980 Chilean constitution was a lengthy document that contained 120 articles. It established a strong executive presidency and a weak legislature and judiciary. It also included a number of provisions that restricted civil liberties and political rights.

The president was given the power to appoint and dismiss the members of the cabinet, the judiciary, and the military. He also had the power to declare a state of emergency and to suspend civil liberties.

The legislature was a bicameral body consisting of a senate and a chamber of deputies. However, the legislature had very little power. The president could veto any bill passed by the legislature, and he could also dissolve the legislature at any time.

The judiciary was also weak. The president appointed the members of the judiciary, and he could remove them at any time. The judiciary also had very little power to review the actions of the government.

The 1980 constitution also included a number of provisions that restricted civil liberties and political rights. These provisions included a ban on political parties and trade unions, a ban on strikes, and a ban on freedom of assembly.

The Role of the Constitution in Authoritarian Rule

The 1980 Chilean constitution played a key role in legitimizing Pinochet's regime and in suppressing dissent. The constitution provided a legal framework for the dictatorship and it gave Pinochet the powers he needed to rule with impunity.

The constitution also restricted civil liberties and political rights, which made it difficult for the Chilean people to resist the dictatorship. The ban on political parties and trade unions made it difficult for the Chilean people to organize and protest against the government. The ban on freedom of assembly made it difficult for the Chilean people to express their dissent.

In addition, the constitution gave the president the power to declare a state of emergency and to suspend civil liberties. This power allowed Pinochet to suppress dissent and to round up and detain his opponents.

The 1980 Chilean constitution was a key tool in the establishment and maintenance of authoritarian rule in Chile. The constitution provided a legal framework for the dictatorship and it gave Pinochet the powers he needed to rule with impunity. The constitution also restricted civil liberties and political rights, which made it difficult for the Chilean people to resist the dictatorship.

The 1980 constitution remained in force until 2005, when it was replaced by a new constitution that was drafted by a democratically elected constituent assembly. The new constitution is more democratic than the 1980 constitution, and it includes a number of provisions that protect civil liberties and political rights.

Constitutionalism and Dictatorship: Pinochet, the Junta, and the 1980 Constitution (Cambridge Studies in the Theory of Democracy Book 4)

by Robert Barros

4.7 out of 5