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Constitutionalism and Dictatorship : Pinochet, the Junta, and the 1980 Constitution - Robert Barros

Constitutionalism and Dictatorship

Pinochet, the Junta, and the 1980 Constitution

Paperback

Published: 22nd October 2002
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It is widely believed that autocratic regimes cannot limit their power through institutions of their own making. This book presents a surprising challenge to this view. It demonstrates that the Chilean armed forces were constrained by institutions of their own design. Based on extensive documentation of military decision-making, much of it long classified and unavailable, this book reconstructs the politics of institutions within the recent Chilean dictatorship (1973-1990). It examines the structuring of institutions at the apex of the military junta, the relationship of military rule with the prior constitution, the intra-military conflicts that led to the promulgation of the 1980 constitution, the logic of institutions contained in the new constitution, and how the constitution constrained the military junta after it went into force in 1981. This provocative account reveals the standard account of the dictatorship as a personalist regime with power concentrated in Pinochet to be grossly inaccurate.

' ... interesting and well-written ... The book is highly recommendable. His work significantly advances our knowledge of a decisive period in Chile's most recent history. He corrects generally held interpretations of the dictatorship ...'. Iberoamericana '... an important contribution to debates about what happened in Chile under Pinochet, and raises new issues about the nature of absolute power ... Barros has written a radical and bold reappraisal of established positions on the Pinochet regime ... This book will be of great value to students who wish to understand more about the Chilean dictatorship but also as an introduction to theories of power and authoritarianism.' Latin American Review of Books

Forewordp. xi
Acknowledgmentsp. xv
Abbreviationsp. xvii
Introductionp. 1
Dictatorship, Legality, and Institutional Constraintsp. 10
Dictatorship and Unbound Powerp. 10
Sovereignty, Self-Binding, and Limitsp. 16
Precommitment and Credible Commitmentp. 28
Nonmonocratic Dictatorship and Collective Foundations for Ongoing Institutional Limitsp. 32
The Constitution of the Exception: Defining the Rules of Military Rulep. 36
Initial Unknownsp. 40
1974-1975: The Separation of Powersp. 49
Defining the Presidency: The Demise of Rotationp. 52
D.L. No. 527: The Estatuto de La Junta de Gobiernop. 57
Defining Legislative Proceduresp. 61
Personalization and Authoritarian Institutional Constraintsp. 68
The Constitution and the Dictatorship: The Supreme Court and the Constitutionality of Decree-Lawsp. 84
The Status of the Constitution of 1925p. 87
The Supreme Court and Decree-Lawsp. 96
The Contraloria and the Legality of Administrative Actsp. 107
Civil Law and the Limits of Judicial Reviewp. 112
The Shadowy Boundary between Force and Law: The Judiciary, Repression, and the Cosmetic Limitation of Emergency Powersp. 117
Combating the Enemy in Time of Warp. 119
The Supreme Court and Military Justicep. 132
The Judiciary and the Recurso de Amparop. 140
Law and the Boundaries of Prudential Self-Limitationp. 150
Constitutionalization without Transition: Prompting the Dual Constitution of 1980p. 167
The 1980 Constitution and Its Discontentsp. 168
Making Sense of the Making of the Dictatorship's Constitutionp. 174
Prompting the Decision to Enact a New Constitutionp. 180
Permanent Military Rule and the Emergence of "The Transition"p. 193
The "Period of Transition": Constitutionalization Without Elections and Without Liberalizationp. 204
The Permanent Text: Constitutional Controls or Military Tutelage?p. 217
Two Drafts and a Constitutionp. 218
The Understanding of "Constitution"p. 220
Binding the Future Out of Fear of the Pastp. 226
Organs of Constitutional Control: The Controlaria and the Tribunal Constitucionalp. 234
The Armed Forces and the National Security Councilp. 240
Elections and the Silences of the Dual Constitutionp. 249
Even Custom Shoes Bind: Military Rule under the Constitution, 1981-1988p. 255
Dictatorship and the Transitory Dispositionsp. 258
The Dynamics of Constitutional Military Rulep. 266
The Junta and the Separation of Powers in Actionp. 274
The Constitutional Court and the Political Organic Lawsp. 288
Voting Out the Dictatorshipp. 305
Military Dictatorship and Constitutionalism in Chilep. 308
The Constitutional and Electoral Denouement of 1989p. 308
Dictatorship and Transition in Chilep. 311
Commitment, Self-Binding, and Institutional Limitsp. 315
The Effects of Institutionsp. 320
Constitutionalism and Dictatorship Reconsideredp. 323
Referencesp. 327
Indexp. 341
Table of Contents provided by Syndetics. All Rights Reserved.

ISBN: 9780521796583
ISBN-10: 052179658X
Series: Cambridge Studies in the Theory of Democracy
Audience: Professional
Format: Paperback
Language: English
Number Of Pages: 368
Published: 22nd October 2002
Publisher: Cambridge University Press
Country of Publication: GB
Dimensions (cm): 22.8 x 15.2  x 2.1
Weight (kg): 0.54