Carlos García Soto, Miguel Ángel Martínez Meucci, Raúl Sánchez Urribarrí
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引用次数: 0
Abstract
This article compares the early phases of the constitutional redrafting processes in Venezuela (1999) and currently in Chile (2021), seeking to identify key factors that help explain the radical constitutional-redrafting path that was followed in Venezuela, versus the more moderate, consensual and rule-bounded transformation underway in Chile. We pay particular attention to the presence of Hugo Chávez as leader of a populist project in Venezuela-an important factor absent in today's Chile-whilst also taking into account a host of other important considerations that situate these countries' diverse experiences in their respective socio-political contexts. These factors include the existence of unaddressed historical and social grievances leading to the reform; frustrated efforts at overhauling state institutions or the constitutional text; disparate institutional frameworks to channel reform demands, and different decisions made by the ruling political elites, among other considerations. Our goal is to provide a comprehensive and nuanced comparison that not only helps to understand each case better, but also to think critically about the complex reasons that lead to constitutional redrafting in troubled democracies, with a view to inform our debates on this topic beyond Chile and Venezuela.
期刊介绍:
The Hague Journal on the Rule of Law (HJRL) is a multidisciplinary journal that aims to deepen and broaden our knowledge and understanding about the rule of law. Its main areas of interest are: current developments in rule of law in domestic, transnational and international contextstheoretical issues related to the conceptualization and implementation of the rule of law in domestic and international contexts;the relation between the rule of law and economic development, democratization and human rights protection;historical analysis of rule of law;significant trends and initiatives in rule of law promotion (practitioner notes).The HJRL is supported by HiiL Innovating Justice, The Hague, the Netherlands and the Paul Scholten Center for Jurisprudence at the Law School of the University of Amsterdam, the Netherlands.Editorial PolicyThe HJRL welcomes contributions from academics and practitioners with expertise in any relevant field, including law, anthropology, economics, history, philosophy, political science and sociology. It publishes two categories of articles: papers (appr. 6,000-10,000 words) and notes (appr. 2500 words). Papers are accepted on the basis of double blind peer-review. Notes are accepted on the basis of review by two or more editors of the journal. Manuscripts submitted to the HJRL must not be under consideration for publication elsewhere. Acceptance of the Editorial Board’s offer to publish, implies that the author agrees to an embargo on publication elsewhere for a period of two years following the date of publication in the HJRL.