Chile drafts a new Constitution

The Chilean assembly has elected a new assembly for drafting a new constitution.

• Old Chile’s constitution is widely unpopular and considered as a source of social inequality.

The new constitution is expected to bring in major changes for Chile; with activists expecting that it will bring new protections for bringing in social equality and Indigenous leaders expecting that it will help establish a new relationship between their communities and the state.  

• Chile, since its transition to democracy in 1990, has amended the Constitution to take out many of its anti-democratic features in the constitution which enshrined the practices of conservative free market philosophies.
• This has allowed the private sector to grow and helped the economy expand.
• But it also led to the concentration of wealth in a minuscule minority, which led to social inequality.
• This lead to a mass protest in 2019 for reframing of the constitution
• So, the conservative President, Sebastian Pinera, agreed to hold a referendum on rewriting the country’s Constitution.
• Now, 78% of Chileans voted in favour of replacing the charter with a new document.
• The Chilean assembly tasked with drafting a new constitution in the South American nation has now elected a new president Maria Elisa Quinteros.
  
  

How did the demand rise?

• The initial protests erupted over the issue of small rise in metro fares which soon turned into a mass protest leading to public agitation and demanding reforms such as 
• An abolition of the private pension fund system 
• Increase the investments in education, healthcare etc.
• Strengthening of the rights of the indigenous communities.
• This protest led to demand of reframing the constitution which led to plebiscite and majority voted for constitution reframing

• This led to a constitution of 155 drafting members and now they have elected Maria Elisa Quinteros as the new president.

• Half the delegates are women in the assembly
• The 155-member Assembly to draft the new document will put the document for plebiscite in 2022.
• Despite the political and procedural challenges, it offers a fresh opportunity for Chile to say goodbye to a dark era.

What will a new charter mean for Chile?

• Through a democratic process, Chileans can bury the old document and introduce a modern democratic charter which can provide a better way for the development of their country.
• It will also pave way for a more inclusive economic and social system that works well for all people for socio-economic development.
• This will give them a new hope for development 

Assess the pros and cons of having a Constitution?

Pros

• The Constitution is supreme
• It avoids dictatorship by rulers
• It reduces clash of functions of the arms of government
• The Judiciary has more power in order to ensure constitutional supremacy
• Constitution is majorly flexible, though there can be instances where even the written Constitution is rigid
• Constitutions is properly framed and compiled in a step by step manner which idealize the goals of the country

Cons

• It is difficult to amend, as it takes time.
• It may not favor every part of the state
• It may encourage frequent litigation, as people can easily know when their rights have been breached
• Delay in government activities
• Sometimes it does not allow for flexibility

Way forward

The constitution should be framed in such a way that it idealizes the goals of the Chileans and recognizes various rights of individuals which give a prompt space for the development of individuals, thus the country.

Though various political overreach could take Chile on the path to political radicalism. & lead to turn away business investment and shatter Chile’s reputation as business-friendly. Chile is now set for its biggest political change since the transition, the new constitution can pave the way to get rid of authoritarian regimes and socio-economic inequality.