Chilean Constitutionalism Before Allende: Legality without Courts

Bulletin of Latin American Research, Vol. 29, No. 1, 2010

18 Pages Posted: 4 Nov 2009

See all articles by Julio Faundez

Julio Faundez

University of Warwick - School of Law

Date Written: November 3, 2009

Abstract

In the 1960s and early 1970s two political movements in Chile, one led by Eduardo Frei and the other by Salvador Allende, achieved remarkable victories in presidential elections. They both vowed to bring about radical change within the framework of the law. Unfortunately, however, both administrations failed to achieve their objectives. This paper, focusing on the thirty-year period that preceded these two electoral victories, argues that Frei and Allende’s seemingly inordinate faith in the virtues and flexibility of the legal system was firmly rooted in the political system and stemmed from a peculiar form of constitutionalism, which it describes as legality without courts.

Keywords: constitutionalism, courts, governance, legality, rule of law, presidentialism, Latin America

Suggested Citation

Faundez, Julio, Chilean Constitutionalism Before Allende: Legality without Courts (November 3, 2009). Bulletin of Latin American Research, Vol. 29, No. 1, 2010. Available at SSRN: https://ssrn.com/abstract=1499077

Julio Faundez (Contact Author)

University of Warwick - School of Law ( email )

Gibbet Hill Road
Coventry CV4 7AL, CV4 7AL
United Kingdom
00441926885917 (Phone)

HOME PAGE: http://www2.warwick.ac.uk/fac/soc/law/staff/academic/faundez

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