Voters in Chile have overwhelmingly rejected a new constitution which was due to replace the one drawn up under Gen Augusto Pinochet’s military rule.

Voters in Chile have overwhelmingly rejected a new constitution which was due to replace the one drawn up under Gen Augusto Pinochet’s military rule.

Subject: Polity

Section: In a referendum, almost 62% voted against the progressive draft.

The margin of the defeat is much larger than opinion polls had suggested.

Background:

The process to replace Chile’s military rule era constitution started three years ago after mass protests rocked the nation, which is normally seen as a haven of stability in the region.

Almost 80% of Chileans voted in favour of replacing the old constitution in a referendum in October 2020.

Constitution:

It is described as the fundamental law of the land which contains the fundamentals of its polity and on the altar of which all other laws and executive acts of the state are to be tested for their validity and legitimacy.

Constitutionalism

Constitutionalism implies that the exercise of political power, should be bound by limitations, controls, checks and rules whether these exist in the form of a written or unwritten constitution. Constitutionalism becomes a living reality to the extent that these rules curb the arbitrary exercise of power and permit scope for the enjoyment of certain rights by the citizens.

Types of Direct Democracy

• Direct democracy has 4 devices – Referendum, Initiative, Recall and Plebiscite
  • Referendum – procedure in which a proposed legislation is referred to the electorate for acceptance through direct voting.
  • Initiative – method by means of which the people can propose a bill to the legislature for enactment.
  • Recall – way for voters to remove a representative or an officer before the expiry of his/her term, when he fails to discharge his duties properly.
  • Plebiscite – method of obtaining the opinion of people on any issue of public importance. It is generally used to solve territorial disputes.