Constitutional Convention Research Articles

When the past meets the present: The role of memory sites in time of crisis in Chile

In October 2019, massive social unrest broke out in Chile, triggering unprecedented violence and destruction unseen since the Pinochet dictatorship. The State responded with harsh repression, curfews, a state of emergency, and torture reminiscent of past violence. The Social Outbreak reopened old wounds in Chilean society that had never fully healed. Since the return of democracy in the 1990s, numerous sites of memory have been erected, created, or rescued from civil society organisations with the scope of preserving the memory of those brutally killed, tortured, or made disappear during the Pinochet dictatorship. During the 2019 social protests, several sites of memory played an active role, either by providing first aid to protesters or by documenting the crimes committed by the military and police in the streets. Other sites of memory actively engaged with the Constitutional Convention process that followed the social protests. The paper examines and compares the roles played by two renowned memory sites, Londres 38 and the Museum of Memory and Human Rights, during and after the Social Outbreak. It delves into the potential of memory sites as a tool for present-day activism. It analyses how Chile’s 2019 social uprising was a critical instance where memory sites played a significant role in supporting and promoting social change. The utilisation of memory sites as a tool for activism has successfully broken down the temporal barrier between the past and the present and raised awareness regarding the relevance of memory in comprehending contemporary social issues in Chile.

Performing What Is Absent: The Making of Representative Claims in the 2020 Chilean Constitutional Convention

Amid a crisis of political representation, Chile ran an institutional experiment. After a month of riots, lootings and human rights violations, in November 2019, the Chilean Parliament proposed the creation of a fully elected convention with the one objective of writing a new Constitution. The 155 members were elected in October 2020 and 62% of them were non-professional politicians but environmental activists, members of indigenous communities or feminist leaders. Inspired by the ideas of representative claim proposed by Saward and performativity coined by Butler, we analysed their inauguration speeches to observe how they attempted to constitute themselves as political representatives. We found that they relied upon four types of speech appeal in their political claims-making. We refer to these as the Agonistic (whereby the claim-maker purported to speak for “us” as opposed to “them”); the Climactic (whereby the claim-maker offered themselves as an embodiment of a historical coming of age for a particular group); the Biographical (the claim-maker focuses upon their personal qualities of identity with empathy towards a group); and the Trustee (whereby, adhering to more conventional rhetoric of representation, a claim-maker sets out their qualification to acknowledge and look after the interests and values of a particular group).

The Role of the Constituent Assembly (Constitutional Convention) in Approving the Cuban Constitution and the American Position (1900-1901)

The first constitution that Cuba adopted following the end of the Spanish occupation was known as the Platt Amendment or Constitution. Named for Orville H. Platt, the Chairman of the Committee, it is a treaty between the United States and Cuba. On February 25, 1901, this amendment was filed, and on February 27, 1901, it was accepted by the Senate; nevertheless, it wasn't officially authorized until May 2, 1903. The most significant of its eight points was that the United States had forced Cuba to sign any treaty with any foreign nation or authority and had forbidden it from taking on any public debt (loan) that would have required interest, Furthermore, this amendment permitted the United States to lease or purchase property for the construction of naval bases, such as Guantanamo Bay, and coal supply stations in Cuba, as well as to engage in significant internal and international intervention in Cuban affairs. This study aims to discuss the role of how the United States of America wanted to control cuba in political, economic and security terms through this constitutional convention.

Constitutional Conventions in Central Europe: Insights from Experts

ABSTRACT Besides a legal framework, the political processes of modern polities are affected by other rules, commonly referred to as constitutional conventions. However, constitutional conventions in Central European states have not received particular attention despite growing evidence of their existence. This research note aims to help fill in this gap. We have conducted semi-structured interviews with 46 country experts and delivered comprehensive information about intra-field, inter-field, and cross-national variations. Interviews show that among the experts, both theoretical and empirical knowledge of constitutional conventions vary significantly and that conventions are still largely marginalised, notably in political science research.

The Chilean Constitutional Convention: An Exercise for the Pluriverse

Abstract Neoliberal principles were codified in a constitution and implemented during a right-wing military dictatorship (1973–1990) in Chile producing important social inequalities, as well as cultural and ecological destruction. Resistance against the arrangements inherited from that period and deepened thereafter has been paramount to recent politics. In October 2019, considerable street protests were institutionally channeled into a constitutional process where a referendum was mandated to replace the dictatorship’s constitution. There were two attempts to write a new charter: one under a Constitutional Convention that took a decolonial character, and a second one dominated by a far-right council. Drawing on Loughlin’s “constitutional imagination,” the article poses that the Convention was a world-making exercise where social movements, independent candidates, Indigenous representatives, and their allies engaged in efforts for designing a pluriverse where many worlds could fit. I claim the Convention was a space where utopia and ideology met allowing for different worlds to work together for the first time in the political arena creating an incipient intercultural politics. As a text with world-making capacity, the draft from the Convention, although rejected in 2022, materializes a process from which stronger intersectional solidarity among feminist, Indigenous, and ecological movements should be forged.

Constitutional Reform and the Problem of Distributive Justice

While Americans celebrate the Constitutional Convention of 1787, they are not nearly as enthusiastic about the prospect of another constitutional convention through the Article V process. The stakes would be high, including the possibility of rewriting the entire document. At present, calls for a new convention come much more from conservatives than progressives. Afraid of the risks, many progressives oppose such a convention, with the notable exception of Sanford Levinson, who for decades has railed against its antidemocratic features and adverse political effects. What is absent from the recent scholarship about a convention is a serious discussion about distributive justice. As an alternative to the dominant progressive approach underscoring democratic reform, my focus will be on how to protect the most vulnerable persons from financial insecurity through the constitutionalization of positive economic rights. This article also explains why progressive scholars must appreciate the deliberative and civic educational potential of a convention. For the time being, another convention is highly unlikely to result in meaningful constitutional reform. However, this situation could be a blessing in disguise. A new convention could spark a national conversation about distributive justice and what could be done to reduce economic inequality and alleviate poverty.

From Abstraction to Possibility? The Case of a New Constitutional Convention

From Abstraction to Possibility? The Case of a New Constitutional Convention

Democratic State Governance: The Urgency of Implementing Conventions in Constitutional Practices in Indonesia

Constitutional conventions are often used with different meanings depending on the context of the discussion. Constitutional conventions are only limited to agreements between countries, both bilateral and multilateral, and agreements among subjects of international law, meetings of political, legislative, fraternal members or representatives, and other organizations. Constitutional conventions are not formed and built from laws, court decisions, or parliamentary customs, but are outside of them to regulate political behavior. This research aims to determine the urgency of constitutional practice conventions in Indonesia. This research uses qualitative research. The method used in this research is a normative legal research method. This research concludes that the Convention in constitutional practice in Indonesia has an important urgency in forming and regulating government governance. The urgency of conventions in constitutional practice is to perfect the constitutional system, empower state institutions, develop constitutional law, and provide crisis resolution in politics.

The dilemma of constitutional mobilization: The housing and the environmental social movements at the Chilean Constitutional Convention

The dilemma of constitutional mobilization: The housing and the environmental social movements at the Chilean Constitutional Convention

Brazilian reconstitutionalization in the second wave: a competition of democracies

ABSTRACT In the decade and a half following World War II, processes of democratization took place across the globe in what political scientists frequently refer to as the second wave of democracy. This democratization was defined by a series of debates about the true meaning and correct form of democracy. This article examines the drafting of the 1946 Constitution of Brazil within this context. Specifically, this text reviews the ways competing definitions of democracy fueled the debates at the constitutional convention and informed the creation of political institutions. In contrast to previous scholarship on the drafting of the 1946 Constitution that depicts the proceedings as a competition between reactionary conservative and pro-democracy factions, this article finds that this Constitution constitutes a reconciliation of the competing definitions of democracy that existed among the Brazilian political class at that time. This contradicts the commonly held view that the 1946 regime was a muted democratic experiment. Furthermore, the article highlights some of the ways in which the democratization process in Brazil mirrored transitions elsewhere and how it was unique.

Ideological polarization in roll call votes in constitutional conventions: The case of Chile in 2021–2

Abstract What factors account for polarization in constitutional conventions comprised of party members and many independents without prior legislative experience? Using the 4,669 roll call votes in the 155-member constitutional convention in Chile (2021–2), comprised of more independents than party members, we explore the determinants of ideological polarization. Relying on absolute values for the WNominate scores, we find that party members are less polarized than independents and that prior legislative experience does not impact polarization. In institutionalized party systems that allow independents to compete with party members on a level playing field, a larger presence of independents in legislatures might help increase ideological polarization while a larger number of party members helps reduce ideological polarization in roll call votes.

Belonging to No One, to Everyone, and for Whom? Learnings from the Disputes about the Public Dimension of Education in Chile's Constitutional Convention

The public dimension of education is a key issue in democratic countries. However, in a time of conspicuous privatisation and pluralism, the value and meaning of the public sphere in education are in dispute with other value preferences. This paper offers a phenomenological account of the discussion that took place in Chile's Constitutional Convention, which represents an interesting case study due to the country's background of extensive privatisation of education. The main themes that revealed the spheres of values in dispute in this respect revolved around: the public function of the State, the public arena and its relationship with freedom of education and the diversity of educational projects, and finally the relationship between the public arena and the preferences of families. The paper describes the value controversies implicit in this debate and explains the philosophical foundations that enable us to continue questioning what constitutes the public dimension of education.

Teaching U.S. Constitutional Design: The Case of the “Genovian Revolution”

In the modern American politics classroom, ideological and partisan conflict have the capacity to interfere with a healthy classroom environment. This problem is increasingly apparent when students engage questions at the heart of U.S. Constitutional design. By asking students to inhabit fictional roles with preferences and attitudes that may differ from their own, classroom simulation activities present a potential solution to this issue. In the present study I introduce a two-week constitutional convention simulation that centers on the fictional Principality of Genovia. Working in groups, students assume roles within various segments of Genovian society who seek democratic representation following the sudden abdication of their autocratic prince. The simulation is designed to foreshadow key concepts in American government and politics. It does so in a way that allows for vociferous debate and conflict while sidestepping students’ preexisting ideologies and party attachments. It also provides a collaborative, active learning environment that fosters healthy classroom dynamics and encourages later collaboration. In a pre-post survey instrument, I test the effectiveness of the Genovian simulation in fostering key learning outcomes and enhancing the student experience vis-a-vis several other classroom modules, finding that the Genovian exercise is beneficial to students on several dimensions.

Financial Constitution Issues in Development of the Basic Law for the Federal Republic of Germany in 1948-1949

This article analyzes the key problems of the financial constitution in the development of the Basic Law for the Federal Republic of Germany (FRG) in 1948-1949, based on materials from the Constitutional Convention at Herrenchiemsee and the Parliamentary Council of West Germany. It emphasizes that the relevance of this issue was influenced by Germany’s historical development, which had a long-standing experience in both regional and imperial financial administration. This led to high significance of financial constitution issues in post-war West German politics. It is concluded that the main approaches to this problem were developed at the Herrenchiemsee Convention in October 1948, and the main content of the financial section of the Basic Law was formulated in the financial committee at the beginning of October 1948. A key role in developing the financial constitution was played by parliamentarian H. HöpkerAschoff. However, until May 1949, the parties could not reach a consensus on matters of financial administration system and financial equalization. This was significantly influenced by constant objections from the occupying administrations, the position of the Christian Social Union in Bavaria (CSU), uncertainty in assessing financial conditions, and the Social Democrats’ consistent defense of broad financial powers for the federal center.

The Carried-Off and the Constitution: How British Harboring of Fugitives from American Slavery Led to the Constitution of 1787

AbstractAccounts of the factors that led to the drafting of the U.S. Constitutional Convention have focused on Congress' failures to levy taxes, regulate commerce, and provide security against internal unrest and foreign encroachments. Left out from history are the attempts of the founders to force Britain to return thousands of escapees from slavery they sheltered. Patriot state leaders tried to coerce the return of all fugitives from slavery evacuated with the British army by blocking payment of debts to England in violation of the Treaty of Paris. Such actions ultimately caused the breakdown of the agreement and exposed the structural inability of the Congress to enforce the terms of a duly ratified treaty over intransigent states. Ultimately, the issue of the “carried off” and with it the nation's ability to conduct foreign policy, was the paramount issue that could only be resolved by a fundamental restructuring of the federal structure of government.

New institutions, new actors, new rules: gender parity and feminist constitution writing in Chile

Formal and informal rules mediate the relationship between descriptive and substantive representation. Women may be present in office but struggle to influence outcomes in the same way as their male counterparts, especially because parliaments and parties carry masculine blueprints that limit women’s individual and collective power. Yet, what happens when new institutions incorporate new actors to write new rules and when women occupy these institutions under gender parity from the start? Using participant observation and interview data from Chile’s first constitutional convention, we analyse how gender parity and newness combined to give ‘feminist designers’ significant influence over the convention’s procedural rules and, consequently, the final document. Newness and parity helped women secure the adoption of a feminist procedural code, which eliminated many of the masculine blueprints found in traditional parliaments. In turn, women delegates organised explicitly as feminists and led the redaction of a thoroughly feminist document.

Between Hope and Disaffection: The Chilean Constitution-Making Process and the Intermediation Crisis

On November 15, 2019, following almost a month of massive daily demonstrations across Chile, most political parties agreed to initiate an unprecedented constituent process. This process introduced institutional innovations for the Constitutional Convention elections, including gender parity, reserving 17 seats for indigenous individuals, and allowing nonparty candidates to run as independent candidates (Heiss 2021; Suárez-Cao 2021).

Indigenous Voices and Votes: Assessing the Dynamics of Indigenous Politics in Chile’s Constitutional Referendum of 2022

Many analysts have tried to discern the reasons behind the Chilean Constitutional Convention’s draft failure in the 2022 plebiscite. A significant explanation is the draft’s inclusion of indigenous rights and its plurinationality principle (Bargsted and González 2022). Despite Chile being unique in Latin America in its lack of constitutional recognition for its indigenous population (Acevedo 2021), most voters in indigenous areas appeared to have opposed the draft (Pairican 2022).1

The Puzzle of Chile’s Resilient Support for Gender Parity

Chile’s 2021–22 Constitutional Convention was the first in the world to feature mechanisms that guaranteed gender parity among constituents (Arce and Suárez-Cao 2021). This was not an easy win. Feminist activists and women politicians pushed for gender parity in 2020-21 in a country that had adopted gender quotas relatively late (Figueroa 2021; Reyes-Housholder, Suárez-Cao, and Le Foulon 2023; Suárez-Cao 2023; personal interview #1, April 21, 2023). Reserving seats for Indigenous groups and using other mechanisms to allow space for independent constituents further broadened the convention’s ostensible inclusiveness. After the September 2022 rejection of the 2021–22 Constitutional Convention’s draft, political parties immediately started over by crafting an elite-controlled process. Lawmakers—this time with surprising speed—again coalesced around the idea that an equal number of men and women should write the new draft.

Constitutive conventions in law and the problem of their primacy

Marmor’s concept of a constitutive convention is predicated on a two-fold assumption of primacy. First, constitutive conventions allegedly create social practices in the absence of pre-existing coordination problems, and as such, have purposes autonomous from conventions that solve coordination problems. Contrary to Marmor, I argue that constitutive conventions are indispensable components of the conventional mechanisms that solve coordination problems. Marmor also argues that constitutive conventions must precede coordination conventions, since they create the institutional agents whose actions are to be coordinated. I argue that constitutive conventions do not necessarily precede coordination conventions, either logically or temporally. To support this claim I invoke the notion of “accommodation” as used in speech act theory: the powers of an authority can be constituted subsequent to their being exercised, i.e., they can be reversely accommodated. Finally, I argue that constitutive conventions in law are not autonomous conventions, but indispensable components of wider conventions that solve coordination problems. Constitutive conventions produce long-term mental representations of statuses and powers held by objects and persons, which can be combined to create other, multi-layered mental representations. These representations operate on the basis of Lewis’s scorekeeping model, and ultimately serve as tools for solving coordination problems.