Una cuestión de desconfianza: La consagración de disposiciones constitucionales altamente específicasA question of distrust: The drafting of highly specific constitutional provisions

Abstract

Abstract The purpose of this article is to analyze the role played by distrust as a determinant of the level of specificity of constitutional clauses. It is argued that, as with other mechanisms, such as qualified legislation, very detailed constitutional clauses are explained by the level of trust or distrust that the drafters have in the bodies that will implement them (the legislature, administrative agencies and the courts). Thus, keeping other factors constant, the greater this distrust, the more detailed the clauses will be. This thesis will be illustrated by the example of the debate in the Chilean Constitutional Convention on the explicit extension of the right of private property to pension funds or social security savings.