Constitutionalism and Dictatorship: Pinochet, the Junta, and the 1980 Constitution

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ISBN: 9780521792189 | 0521792185
Cover: Hardcover
Copyright: 6/10/2002

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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).

Foreword

Acknowledgments

Abbreviations

xvii

Introduction

(9)

Dictatorship, Legality, and Institutional Constraints

(26)

Dictatorship and Unbound Power

(6)

Sovereignty, Self-Binding, and Limits

(12)

Precommitment and Credible Commitment

(4)

Nonmonocratic Dictatorship and Collective Foundations for Ongoing Institutional Limits

(4)

The Constitution of the Excepton: Defining the Rules of Military Rule

(48)

Initial Unknowns

(9)

1974--1975: The Separation of Powers

(3)

Defining the Presidency: The Demise of Rotation

(5)

D.L. No. 527: The Estatuto De La Junta De Gobierno

(4)

Defining Legislative Procedures

(7)

Personalization and Authoritarian Institutional Constraints

(16)

The Constitution and the Dictatorship: The Supreme Court and the Constitutionality of Decree-Laws

(33)

The Status of the Constitution of 1925

(9)

The Supreme Court and Decree-Laws

(11)

The Contraloria and the Legality of Administrative Acts

107

(5)

Civil Law and the Limits of Judicial Review

112

(5)

The Shadowy Boundary between Force and Law: The Judiciary, Repression, and the Cosmetic Limitation of Emergency Powers

117

(50)

Combating the Enemy in Time of War

119

(13)

The Supreme Court and Military Justice

132

(8)

The Judiciary and the Recurso De Amparo

140

(10)

Law and the Boundaries of Prudential Self-Limitation

150

(17)

Constitutionalization without Transition: Prompting the Dual Constitution of 1980

167

(50)

The 1980 Constitution and its Discontents

168

(6)

Making Sense of the Making of the Dictatorship's Constitution

174

(6)

Prompting the Decision to Enact a New Constitution

180

(13)

Premanent Militry Rule and the Emergence of ``The Transition''

193

(11)

The ``Period of Transition'': Constitutionalization without Elections and without Liberalization

204

(13)

The Permanent Text: Constitutional Controls or Military Tutelage?

217

(38)

Two Drafts and a Constitution

218

(2)

The Understanding of ``Constitution''

220

(6)

Binding the Future Out of Fear of the Past

226

(8)

Organs of Constitutional Control: The Controlaria and the Tribunal Constitucional

234

(6)

The Armed Forces and the National Security Council

240

(9)

Elections and the Silences of the Dual Constitution

249

(6)

Even Custom Shoes Bind: Military Rule under the Constitution, 1981--1988

255

(53)

Dictatorship and the Transitory Dispositions

258

(8)

The Dynamics of Constitutional Military Rule

266

(8)

The Junta and the Separation of Powers in Action

274

(14)

The Constitutional Court and the Political Organic Laws

288

(17)

Voting Out the Dictatorship

305

(3)

Military Dictatorship and Constitutionalism in Chile

308

(19)

The Constitutional and Electoral Denouement of 1989

308

(3)

Dictatorship and Transition in Chile

311

(4)

Commitment, Self-Binding, and Institutional Limits

315

(5)

The Effects of Institutions

320

(3)

Constitutionalism and Dictatorship Reconsidered

323

(4)

References

327

(14)

Index

341

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Constitutionalism and Dictatorship: Pinochet, the Junta, and the 1980 Constitution

Summary

Author Biography

Table of Contents

Supplemental Materials