This introduction to the symposium ‘How do Constitution-Making Processes Fail? The Case of Chile’s Constitutional Convention (2021–22)’ situates the project in the field of constitution-making, ...provides context regarding the Chilean case, summarizes some possible explanations for the failure, and describes how each article contributes to the symposium as a whole.
This article extends the study of the shortcomings of the constitution-making design that contributed to the failure of the Chilean process by addressing a largely overlooked aspect: the 2020 entry ...referendum. By placing two competing constitution-making models on the ballot, the political elites delegated to the voters a highly conflictual aspect of the process design that prevented cooperation among them. While some political parties approached the disagreements placed on the ballot as an opportunity to reopen discussions already settled by the 2019 Agreement, others interpreted the move as a cancellation of the political insurance contained in the Agreement. This exacerbated the existing polarization among political elites and imperiled prospects for the success of the process.
In the context of a growing interest in comparative administrative law in Latin America, an emerging academic project asserts the existence of a "common administrative law" in the region, inspired by ...the so-called ius constitutionale commune in Latin America. In this essay, we examine the impact of the Baena decision (Inter-American Court of Human Rights, 2001) on the administrative regimes of Argentina, Chile, and Mexico so as to reveal the limitations of such a project. We speculate that the limited impact of this decision can be explained by particular characteristics germane to administrative law that tend to be overlooked from a constitutionalist optic. Finally, we draw from our case studies to make methodological recommendations to those who want to undertake comparative administrative law studies in the region.
Abstract
This introduction provides an overview of the concept and role of independent authorities in comparative public law, with a particular emphasis on Latin America. First, we outline an idea of ...these institutions and examine how they have assumed critical responsibilities traditionally allocated to one of the three branches of government. We also explore their role in protecting constitutional democracy and discuss some problems associated with their democratic legitimacy. Second, we outline these entities’ situation in Latin America, stressing how little academic attention they have received in contrast with their growing importance. Finally, we provide a critical review of each of the contributions to the symposium.
Abstract
In the context of a growing interest in comparative administrative law in Latin America, an emerging academic project asserts the existence of a “common administrative law” in the region, ...inspired by the so-called ius constitutionale commune in Latin America. In this essay, we examine the impact of the Baena decision (Inter-American Court of Human Rights, 2001) on the administrative regimes of Argentina, Chile, and Mexico so as to reveal the limitations of such a project. We speculate that the limited impact of this decision can be explained by particular characteristics germane to administrative law that tend to be overlooked from a constitutionalist optic. Finally, we draw from our case studies to make methodological recommendations to those who want to undertake comparative administrative law studies in the region.
In the context of a growing interest in comparative administrative law in Latin America, an emerging academic project asserts the existence of a "common administrative law" in the region, inspired by ...the so-called 'ius constitutionale commune' in Latin America. In this essay, we examine the impact of the Baena decision (Inter-American Court of Human Rights, 2001) on the administrative regimes of Argentina, Chile, and Mexico so as to reveal the limitations of such a project. We speculate that the limited impact of this decision can be explained by particular characteristics germane to administrative law that tend to be overlooked from a constitutionalist optic. Finally, we draw from our case studies to make methodological recommendations to those who want to undertake comparative administrative law studies in the region.
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