"Obedient and Non-Deliberating": Armed forces, autonomy and democratic control in Chile

Abstract

The paper examines autonomy and democratic subordination of the Armed Forces under Chilean law. To this end, it reviews the constitutional evolution of the obedience and non-deliberation clause with respect to the Armed Forces. Considering those changes, the paper conceptualizes the obedience and non-deliberation clause, in a compatible interpretation under the Chilean constitutional and democratic regime. Based on this, the normative and functional autonomy of the Armed Forces is analyzed under the legal system. The paper concludes that although the constitutional rules of democratic subordination of the military was satisfactorily adapted for democratic purposes, important spheres of military autonomy persist and must be reviewed.