Centralisme portalien, concepts schmittiens et carences de légitimité de la Constitution chilienne de 1980

• Main Author: Cristian A. Zamorano-Guzmán
• Format: Article
• Language: Spanish
• Published: Groupe de Recherche Amérique Latine Histoire et Mémoire 2008-11-01
• Series: Les Cahiers ALHIM
• Subjects: centralism; Chile; constitution; institutions; Portales
• Online Access: http://journals.openedition.org/alhim/3094

In Chile, ever since democracy returned after the dictatorship (1973-1990), the governments of the new democratic regime have had two priorities : first, to bring back the country on the international scene; second, to modernize the country’s institutions. While the first goal has been reached, everything remains yet to be done concerning the fulfillment of the second. What are the reasons for this? The article heraafter tries to answer this question by analysing and examining the so-called Chilean «model». In order to do this, we shall take a close look at what constitutes the origins and the basis of Chilean Institutions, i.e. centralism. We will try to draw the picture of centralism (foundations, evolution, consequences) and will call it «Schmittian», thus establishing a parallel between the German theoretical movement and pragmatism as embodied in Chile by Diego Portales. This movement had a considerable influence on the current Constitution, which was drawn up by the military regim in 1980. The Constitution - on which the country’s Institutions are based- is therefore to be questioned in terms of its legitimity.