Robert Barros's Constitutionalism and Dictatorship: Pinochet, the Junta, and PDF

By Robert Barros

ISBN-10: 0511020902

ISBN-13: 9780511020902

ISBN-10: 0521792185

ISBN-13: 9780521792189

It's broadly believed that autocratic regimes can't restrict their strength via associations in their personal making. This e-book provides a shocking problem to this view. It demonstrates that the Chilean military have been restricted by way of associations in their personal layout. in keeping with huge documentation of army decision-making, a lot of it lengthy categorised and unavailable, this ebook reconstructs the politics of associations in the contemporary Chilean dictatorship (1973–1990). It examines the structuring of associations on the apex of the army junta, the connection of army rule with the previous structure, the intra-military conflicts that resulted in the promulgation of the 1980 structure, the common sense of associations inside the new structure, and the way the structure limited the army junta after it went into strength in 1981. This provocative account finds the normal account of the dictatorship as a personalist regime with strength centred in Pinochet to be grossly faulty.

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Extra resources for Constitutionalism and Dictatorship: Pinochet, the Junta, and the 1980 Constitution

Sample text

Without such an institutional mechanism capable of holding rulers to prior commitments and laws, the facility with which any autocracy can legislate always leaves open a potential for disjuncture between present decisions and earlier ones. These three dimensions – the insufficiency of perceived benefits, the problem of intertemporality, and the need for institutions – are central themes in the literature on commitment. 25 This literature provides an extended discussion on why absolute power may not be in an actor’s interests over time and why institutional constraints may be beneficial.

In addition to allowing a separation of powers, a collective ruling bloc – such that a plurality of actors must coordinate to act as one – will require procedural rules and may also permit the institution of more demanding procedures for modifying “constitutional” rules than those used to legislate.

To this end, I will seek to detach the idea of institutional constraint or limit from its association with constitutionalism and some versions of the rule of law; introduce the concept of sovereignty; and distinguish between institutional limits and other forms of constraint, as well as between the rule of law and rule by law. Autocratic self-binding through institutions is independent of other types of constraints and rule by law, and this independence must be acknowledged to clarify the structure of the tension between institutional limits and autocracy.

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


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