Why Chileans Want to Change Their Constitution

Chileans have been advocating for a fundamental reform of their constitution due to its establishment during a military dictatorship, which ended in 1990 through a referendum met with significant skepticism. This historical context alone provides a strong justification for the current push to revise the constitution. However, the deeper political and socio-economic implications of the current constitution provide even more compelling reasons.

Historical Background and Dubious Referendum

The modern Chilean constitution was born out of a period of authoritarian rule spanning from 1973 until 1990, marked by a deeply dubious and contested referendum. External and internal observers alike questioned the validity and fairness of the referendum, leading many to demand a new constitution that reflects the democratic values of modern Chile. The legacy of this contentious process remains a significant driver for change in the current discourse.

Structural Inefficiencies and Minority Rule

One of the central issues with the current constitution is the entrenched minority rule and the high quorum requirements necessary to enact any form of constitutional change. Typically, a two-thirds majority is required to amend any part of the constitution. This is impractical in a politically diverse country like Chile, where over 11 parties hold seats in Congress. As a result, even one-third of the representation can effectively veto any constitutional reform, leading to a significant barrier to democratic progress.

Power Abuses by the Constitutional Court

The Chilean Constitutional Court stands as a significant point of contention. This institution has the power to strike down any law, at any time, without regard for the democratic process or the will of the majority. The court can invalidate a law even years after its passage, offering no mechanism for appeal. Essentially, the court acts as a third chamber of Congress, packed with conservative judges who have unfettered power to make decisions that can undermine democratic processes.

Impact on Progress and Human Rights

The ongoing protests, which have drawn international attention, are a direct reaction to the Constitutional Court's repeated refusal to pass progressive legislation due to its perceived unconstitutionality. This not only limits the ability of the government and Congress to implement necessary reforms but also perpetuates a cycle of distrust and dissatisfaction among the populace. The current constitution is seen as an entrenched barrier to progress and as an ongoing violation of human rights, particularly in light of its origins.

Calls for Reform and Immediate Action

Chileans are pressing for the immediate revision of their constitution. The need for change is all but realized, given the current constitutional structure, which has become an authoritarian and outdated relic of the past. Unless a new constitution is put in place, there is a real risk of violence and unrest, as seen in the protests. Moving forward, Chile must address these structural inefficiencies to ensure that its democratic institutions truly serve the people.

The push for constitutional reform in Chile is not merely a question of historical rectification; it is a critical step towards ensuring the protection of human rights, the strengthening of democratic governance, and the advancement of a truly inclusive and progressive society.