Constitutional Convention (Chile) in the context of "Sebastian Piñera"

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⭐ Core Definition: Constitutional Convention (Chile)

The Constitutional Convention (Spanish: Convención Constitucional) was the constituent body of the Republic of Chile in charge of drafting a new Political Constitution of the Republic after the approval of the national plebiscite held in October 2020. Its creation and regulation were carried out through Law No. 21,200, published on 24 December 2019, which amended the Political Constitution of the Republic to include the process of drafting a new constitution. The body met for the first time on 4 July 2021. Chilean President Sebastian Piñera said, "This Constitutional Convention must, within a period of 9 months, extendable for an additional 3 months, draft and approve a new constitution for Chile, which must be ratified by the citizens through a plebiscite." It ended its functions and declared itself dissolved on 4 July 2022.

The proposed constitution, which had faced "intense criticism that it was too long, too left-leaning and too radical", was rejected by a margin of 62% to 38% in the 2022 Chilean national plebiscite.

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Constitutional Convention (Chile) in the context of Constituent assembly

A constituent assembly (also known as a constitutional convention, constitutional congress, or constitutional assembly) is a body assembled for the purpose of drafting or revising a constitution. Members of a constituent assembly may be elected by popular vote, drawn by sortition, appointed, or some combination of these methods. Assemblies are typically considered distinct from a regular legislature, although members of the legislature may compose a significant number or all of its members. As the fundamental document constituting a state, a constitution cannot normally be modified or amended by the state's normal legislative procedures in some jurisdictions; instead a constitutional convention or a constituent assembly, the rules for which are normally laid down in the constitution, must be set up. A constituent assembly is usually set up for its specific purpose, which it carries out in a relatively short time, after which the assembly is dissolved. A constituent assembly is a form of representative democracy.

Unlike forms of constitution-making in which a constitution is unilaterally imposed by a sovereign lawmaker, the constituent assembly creates a constitution through "internally imposed" actions, in that members of the constituent assembly are themselves citizens, but not necessarily the political leaders, of the country for which they are creating a constitution. As described by Columbia University Social Sciences Professor Jon Elster:

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Constitutional Convention (Chile) in the context of Chilean Constitution of 1980

The Political Constitution of the Republic of Chile of 1980 (Spanish: Constitución Política de la República de Chile) is the fundamental law in force in Chile. It was approved and promulgated under the military dictatorship headed by Augusto Pinochet, being ratified by the Chilean citizenry through a referendum on September 11, 1980, although being held under restrictions and without electoral registers. While 69% of the population was reported to have voted yes, the vote was questioned by hundreds of denunciations of irregularities and fraud. The constitutional text took effect, in a transitory regime, on March 11, 1981, and then entered into full force on March 11, 1990, with the return to electoral democracy. It was amended for the first time in 1989 (through a referendum), and afterward in 1991, 1994, 1997, each year from 1999 to 2001, 2003, each year from 2007 to 2015, and each year from 2017 to 2021, with the last three amendments concerning the constituent process of 2020–2022. In September 2005, under Ricardo Lagos's presidency, a large amendment of the Constitution was approved by parliamentarians, removing from the text some of the less democratic dispositions coming from Pinochet's regime, such as senators-for-life and appointed senators, as well as the armed forces' warranty of the democratic regime.

On November 15, 2019, following a series of popular protests in October 2019, a political agreement between parties with parliamentary representation called for a national referendum on the proposal of writing a new Constitution and on the mechanism to draft it. A plebiscite held on October 25, 2020, approved drafting a new fundamental charter, as well as choosing by popular vote delegates to a Constitutional Convention which was to fulfill this objective. The members of the convention were elected in May 2021, and first convened on July 4, 2021. However, on September 4, 2022, voters rejected the new constitution in the constitutional referendum. Following the rejection, the Expert Commission drafted another new constitution for the Constitutional Council to amend. However, on December 15, 2023, voters rejected the constitution in the 2023 Chilean constitutional referendum.

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