Assessing Chile's new social and economic rights constitutional provisions

By mid-2022, Chile's constitutional convention will offer the country a new constitution project. In an exploratory approach, the presentation examines the content of the new social and economic rights provision. I evaluate the major departures from the previous 1980 Constitution and analyze their design achievements and shortcomings from a comparative constitutional perspective. If the authoritarian and neoliberal 1980 Constitution was formulated to impede a real commitment to social and economic redistributive policies, the ongoing democratic constitution-making process, in words of the political agreement that inaugurated it, is an institutional solution oriented to obtain “peace and social justice.” However, every new constitution is written in the shadows of the old one. I attempt to discuss the constitutional challenges that the new provisions face for the future in their connection with the organic dimension of the new constitution.