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Chile's constitutional plebiscites

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Chile's constitutional plebiscites
NameChile's constitutional plebiscites
CountryChile
Established1925
TypeNational plebiscite, referendum
ElectorateVariable
First1925
Most recent2022

Chile's constitutional plebiscites

Chile's constitutional plebiscites encompass a series of nationwide referendums and plebiscites that have shaped the constitutional order of Republic of Chile from the early 20th century through the 21st century. These contests intersect with major political actors such as Augusto Pinochet, Salvador Allende, Michelle Bachelet, and Gabriel Boric, institutions including the National Congress of Chile, the Supreme Court of Chile, and the Electoral Service (Chile), and events like the Chilean coup d'état, 1973, the Pinochet regime, and the 2019–2021 protests.

Background and constitutional context

Chile's constitutional history involves successive texts including the Constitution of 1833, the Constitution of 1925, the Constitution of 1980 and proposed drafts debated in the 21st century. Key political actors such as the Radical Party (Chile), Christian Democratic Party (Chile), Socialist Party of Chile, Communist Party of Chile, National Renewal (Chile), and Social Convergence influenced constitutional debates alongside institutions like the Constitutional Court of Chile, the Ministry of Interior and Public Security (Chile), and the Central Bank of Chile. Moments of constitutional reform connected to crises involving the Chilean student protests, 2011–2013, the 2019–2020 Chilean protests, and economic shocks tied to the Latin American debt crisis and global financial trends.

1980 constitutional plebiscite

The 1980 plebiscite ratified the Constitution of Chile, 1980 under the Military dictatorship of Chile (1973–1990), led by Augusto Pinochet, and involved organizations like the Chile National Intelligence Directorate and the United States Embassy in Santiago. Opposition groups including the Concertación precursor parties and human rights organizations such as Vicarias de la Solidaridad and Amnesty International contested the process which was organized under the Junta of Chile and supervised by officials from the Ministry of Interior (Chile). International actors including the Organization of American States and foreign governments observed the vote amid allegations involving the National Police of Chile and censorship linked to the Media in Chile.

1988 national plebiscite (No/Yes referendum)

The 1988 plebiscite arranged a choice between extending the rule of Augusto Pinochet and holding open elections, framed as the "Yes" or "No" options, with major parties such as Concertación de Partidos por la Democracia, Union of the Centrist Democracy, and the Humanist Party (Chile) campaigning alongside prominent personalities like Patricio Aylwin, Ricardo Lagos, and María Elena Moyano. The No campaign used media strategies engaging the Televisión Nacional de Chile and private broadcasters such as Canal 13 (Chile), and civil society organizations including Movimiento Democrático Popular and Comité Pro Paz mobilized voters. The plebiscite led to negotiated transitions involving the Transitional justice in Chile processes, later affecting institutions like the Truth and Reconciliation Commission (Chile) and the Court of Appeal of Santiago.

2020–2022 constitutional process and plebiscites

Following the 2019–2020 Chilean protests, political agreements between parties such as the Nueva Mayoría, Chile Vamos, Partido por la Democracia, and independent groups produced a roadmap for a new constitution, ratified in a national plebiscite that featured the Electoral Service (Servel), the Constitutional Convention of Chile and a diverse slate of delegates including members from Republicanos (Chile), Frente Amplio (Chile), and indigenous representatives like leaders of the Mapuche conflict. The 2021 Constitutional Convention drafted a proposed constitution that was submitted to a rejection/approval plebiscite in 2022, with campaigns involving figures such as Sebastián Piñera, Gabriel Boric, Yasna Provoste, and institutions including the Supreme Court of Chile and the National Statistics Institute (Chile). The 2022 plebiscite resulted in a vote that reflected contestation by coalitions such as Apruebo Dignidad and Vamos por Chile and prompted renewed debates on constitutional design, indigenous rights, and social rights tied to actors like UN Human Rights Council observers.

Plebiscites operate under laws enacted by the National Congress of Chile and regulated by the Electoral Service (Servel), with legal instruments including the Law of Elections (Chile) and constitutional provisions from the Constitution of 1980. Judicial oversight has involved the Supreme Court of Chile and the Constitutional Court of Chile in disputes over eligibility, campaign finance, and media access, intersecting with statutes involving the Civil Registry and Identification Service of Chile and policing by the Carabineros de Chile. International norms from bodies like the Inter-American Commission on Human Rights and electoral standards from the Organisation for Economic Co-operation and Development influenced procedural reforms, while comparative models from the Spanish Constitution of 1978 and the South African Constitution informed deliberations.

Political and social impacts

Each plebiscite reshaped party systems involving the Concertación, Alianza por Chile, and newer alignments like Chile Vamos and Frente Amplio (Chile), influencing policymaking on issues tied to the Socialist Party of Chile, Independent Democratic Union, and labor movements represented by the Central Unitaria de Trabajadores. Outcomes affected transitional justice mechanisms including the National Commission on Political Imprisonment and Torture, social policy debates involving pension reform with institutions like the AFP (Chile) system, and constitutional institutions such as the Senate of Chile and the Chamber of Deputies of Chile. The plebiscites also impacted Chile's international image involving relations with the United States and regional ties through organizations like the Pacific Alliance.

International reactions and implications

International reactions involved monitoring by the Organization of American States, commentary from the United Nations and the European Union, and analyses by foreign ministries including those of the United States Department of State and the Foreign Ministry (Spain). Electoral observation missions from groups such as The Carter Center and academic assessments by institutions like Oxford University and Harvard University evaluated democratic quality, while bilateral relations with countries like Argentina, Brazil, and China adapted to constitutional outcomes. The processes influenced comparative constitutional scholarship alongside cases like the Argentine constitutional reform of 1994 and stirred debate in forums including the Inter-Parliamentary Union.

Category:Politics of Chile Category:Constitutional law