Reconstructing Legitimacy After Crisis: The Chilean Path to a New Constitution

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Abstract

Social movements have contested the elitist character of Chilean political institutions in the streets for the past two decades. Citizens have distanced themselves from conventional participation, and turnout rates dropped dramatically. Protesting against unequal treatment and demanding “dignity,” the social uprising in 2019 in Chile consisted of massive protests marked by large-scale demonstrations and violent riots alike. Lasting many weeks, the protest-driven crisis opened up the opportunity for a constitutional change. Political elites agreed on a referendum on a new constitution to channel heterogeneous demands put forward by leaderless and inorganic protests and demonstrations. This critical juncture brought about by the social uprising set in motion institutional change that, confirming theoretical expectations, entirely departs from the status quo. Furthermore, amidst a profound representation crisis, social organizations pushed for reforms in the electoral system to select conventional delegates to restore confidence and legitimacy in representative institutions. Based on evidence that diversity in elective bodies boosts perceptions of legitimacy, proposals included gender parity in both nominations and results, the possibility for independent candidates to run in lists, and reserved seats for indigenous peoples. The result was a constitutional assembly with 50% of women, delegates from ten indigenous peoples, and many independent candidates elected. Time will tell if this constitutional assembly manages to rebuild Chileans’ trust in politics.

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Suarez-Cao, J. (2021). Reconstructing Legitimacy After Crisis: The Chilean Path to a New Constitution. Hague Journal on the Rule of Law, 13(2–3), 253–264. https://doi.org/10.1007/s40803-021-00160-8

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