MEXICO CITY (AP) – Wonderful children. Ordinary suspects. About whom everyone knows.
This is how a law professor cunningly describes the constitutions of South Africa, Canada, and other countries, which are often considered as projects of democracy, when a nation like Chile is developing a new one this year.
“Everyone looks at foreign examples. it is a matter of degree. “Constitutions are quite formal,” said David Law, a professor at the University of Hong Kong. Lowe, who studies constitutions around the world, said in an email: “Many partners are being imitated.”
On April 11, the Chileans will elect a meeting to write the new principles of governance, to put them to a national vote in 2022. A more inclusive country – a very changed relic of military rule in 1980. Deletion of the Constitution.
If Chile seems close to home, Latin America has advice on establishing basic rules and rights. Red flags too.
The new constitutions in Ecuador (2008) and Bolivia (2009) sought to extend rights, including to indigenous peoples, but democracy was unequal. Colombia 1991 The constitution was intended to alleviate the conflict, although violence is still a plague. In Guatemala, corruption threatens the Constitutional Court. By Panama in 1972 The request to amend the Constitution is debatable.
“The founding meeting chaired by Venezuela Chavez is an exceptional cautionary tale,, Conservative opponents in the Chilean process are constantly raising it,” said Alexandra Junius, a Chilean-born professor of law at the University of Wisconsin. և Rights in Latin America.
Chile, a regional economic powerhouse, is far from Venezuela, where the late President Hugo Chavez controlled the country in 1999. The adoption of the Constitution, which centralized its powers, created a signal for ongoing crises and conflicts.
But Chile’s grievances over pension systems, service costs and other grievances erupted in 2019, despite previous stability and reduced poverty. The constitution created during the reign of General Augusto Pinochet was a flashpoint for equal power for private enterprises իշխանության at the expense of equality.
Some Chileans worry that the new constitution, which requires a greater role for the state, is disrupting the economy, and indigenous groups see an opportunity.
“We want a multinational, decentralized, anti-capitalist, anti-racist constitution that prioritizes unfettered respect for human rights and recognizes the rights of nature,” said Ingrid Konegeros Montecino of the Mapuche group. Constitutional candidate Montecino told the Associated Press that his camp is considering other constitutions that “make progress in recognizing the peoples of our ancestors.”
The 155-member assembly will have 17 seats for native delegates. Its formation was confirmed in a plebiscite on October 25, which was delayed for six months due to an epidemic in which almost 80% of Chileans demanded a new constitution.
Chile, with a population of 19 million, will be the first country, according to the United Nations, to be divided equally between men and women.
“In terms of gender equality, there are huge expectations that can be met,” said Alejandra Figa Fajuri, a member of the Assembly of the University of Valparaiso in Chile.
Chiga Fajuri said that Chile is assessing past constitutional processes in Iceland, South Africa, Colombia, Ecuador and Bolivia.
Politicians, disgusted with the politicians, decided on October 25 that the assembly should exclude members of the assembly.
“Although the role of the people tends to be overly romanticized in constitutional moments (elites, inequalities, etc. do not disappear through the magic wand of the Constituent Assembly), participation and inclusion are still possible,” said Xenophon Contiades, a professor of public law. At the Pantheon University in Athens, Greece և Alcmene Fotiadou. They are co-authors of the Routledge Handbook of Comparative Constitutional Amendments.
Contiades և Fotiadou, in a joint response to the AP, noted that Iceland uses social media և other means to bypass politicians համար to directly involve citizens in a failed attempt to write a new constitution a decade ago in the wake of the 2008 financial crash Due to that, the initiative finally stopped in the parliament.
“The Icelandic experience shows that it is never a good idea to underestimate the role of political parties in the development of constitutions, the cooperation of the people and the political elites,” they wrote.
Lon, a Hong Kong professor, said that the South African constitution “sets a specific example for every developing South (transitional) country.” Is it really the best fit? It is not so simple.
Established in 1994 after the end of white racist rule, the South African constitution was drafted in Germany, Canada, India, Namibia and elsewhere. It guaranteed the right to food, water, housing, and other basic necessities, and was hailed as the most diverse, democratic society. But inequality and injustice are deep today.
The widely copied Canadian Charter of Freedoms, which is part of the Canadian Constitution, protects freedom of speech and equality. But sometimes leaders ignore democratic guarantees in constitutions or revise them to increase power in tightly controlled political systems.
In 2018, Chinese President Xi Jinping was given a very extended mandate, as the rubber-stamped legislature abolished the more than 35-year term of the presidency and wrote its political philosophy in the Chinese constitution.
“This is not a good analogy, but ask yourself how much of a restriction the US Constitution would impose on Trump if Trump had a final say on the meaning of the Constitution,” Lowe said. “Will it be the fault of the Constitution?” Or how the translation force was instructed, էր who commented? ”
Some constitutions are constantly changing. Hundreds of changes were made to the 1917 Mexican Constitution, which was falsified during the Revolution. Several countries, including Britain, do not have codified constitutions, relying instead on accumulated laws, precedents and other guidelines.
In Chile, two-year-old President Sebastian Pinera can not run in the November 21 general elections. The new constitution makes it possible to soften the relatively centralized power of the presidency in a region with an authoritarian history, says one scholar.
“Chile now has the opportunity to change the mechanisms of moving Latin America in the direction of executive-legislative relations,” said Acari Elkins, a Texas associate professor in government at the University of Texas, co-author of The Endurance. national constitutions. “
“But Elkins said, ‘I’m not holding my breath.’