• Member Since 10th Jul, 2013
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Wave Blaster


I like writing. It's the thing that drives me. My goal is to reach others through my work and have a nice talk.

More Blog Posts339

  • 3 weeks
    Headcanon discussion and concept building: The Multiverse theory

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    5 comments · 89 views
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    Any Trump Supporter still following me...

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    I, Monster: Slight delay. Q&A Session

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    8 comments · 73 views
Jul
13th
2017

News from the End of the World: Chile's President presents new Constitution Project · 11:51pm July 13th

In order to present some context, unlike the US, who have had the same basic paper since their foundation, or the UK, who have an unwritten constitution of common agreement, Chile's constitutional history is... complicated. Long story short, the current Constitution was promulgated in 1980, under Pinochet's dictatorship.


The Military Junta. From left to right: A bunch of [redacted].

Since the return to democracy in 1990, writing a new constitution has been something everyone's been talking about, but few actually got to do something. Besides the preliminary changes, the only mayor reform to it was done by President Ricardo Lagos Escobar in 2005. Still, since it keeps the same base, there's been a sentiment of perpetuation of the dictatorship's spirit through the constitution, specially among the left wing of the country and survivors of the dictatorship.


The Return to Democracy Presidents. From left to right: Eduardo Frei Ruiz-Tagle (1994), Ricardo Lagos Escobar (2000), Sebastián Piñera Echeñique (2010), Michelle Bachelet Jeria (2006 and 2014) and the late Patricio Aylwin Azócar (1990).

However, the current President of the Republic of Chile, Michelle Bachelet has made a project for this, her second period, to write a new constitution. The process started last year, with the opening of cabildos (centers of reunion and discussion for the constitution). It also observes the creation of a Indigenous Constitution, besides the National Constitution, that includes the native folk into the legislation. The deliveries of the cabildos have been recorder in 189 volumes.


New Constitution for Chile.

Today, President Bachelet made the official delivery of the minutes to the Direction of Libraries, Archives and Museums. From here, now the minutes will be revised and codified as the New Constitution Project to be sent to Chile's National Congress. This is a landmark in Chile's constitutional and republican history, as it not only means the process of a new constitution, but also a new step into releasing the nation from the ghost of the dictatorship.

In words of President Bachelet, this project symbolizes the Nation of Chile, what does it mean, in what does it believe and what does it want. Not the Government and not the State, but the entire people of Chile.


Rough translation: Go Chile motherfvcker!

Comments ( 10 )

That's good news, friend. Let's hope it'll continue to go well.

They are going to have to tread carefully. Even our Constitution is flawed (and our Government doesn't listen to it worth crap, anyway). It is very easy for the desire of power to corrupt good intentions and this new constitution can either save your country or put it down a very dark road. If you get the opportunity, figure out everything you can about it and ask hard questions. This cannot be taken lightly. I wish your country luck.

4600796
I'm actually excited over this. The constitution is one of the landmarks of the dictatorship, and a big obstacle when introducing social changes (like education, health and water as rights instead of consumer's goods). All in all, even in a more pragmatic level, we need a new constitution.

4601566
No, no, no, and sorry if this sounds rude or overdone, because it isn't. But it is not "they". It's "us", the Nation of Chile. We, the people.

Now, on the constitution itself, I think it will definitely something better, no matter how it turns out, because of one important aspect; it is not a constitution made by a dictator, written in the blood of hundreds of innocents. Because that's what Pinochet's constitution is, blood.

The stronger point here is to return the powers back to the state. Pinochet gave everything to the market. As I said before, even water is treated as a consumer's good instead of a right. In the same vein, when giving the power back to the state, the main point is for it to server the nation, not rule it.

We have an institution called Constitutional Court, that has too much power when it comes to stopping projects, it's made out of "people of trust" and has zero accountability. That one has to go, but the only way to do so is changing the constitution. Something similar happens with retirement pensions, which in Chile are legally forced to go to the private system, creating a sorts of monopoly without competition, and the state is forbidden from offering a free option like it used to do before Pinochet. Another problem is communications. Due to a tonload of corruption during the dictatorship, the entirety of Chile's written press, plus most of the radios, belongs to only two companies, both of right wing. That can't change so far because we don't even have a law of journalism separated from a law of media, neither a ministry of communications. Take a guess on what has to change first to fix that problem.

All in all, whatever happens, we need to dish the Pinochet's constitution. That thing is poison that has keep the wound of the dictatorship open for more time than my generation's been alive.

4602149
No its good that you are fired up about this. It shows that you care. What I am saying about to watch out for flaws and to tread carefully is that our Constitution has no term limits for Senators, Representatives or the Supreme Court. And for a long time we had no term limits for the President. That problem has been fixed, but we still have Imperial Congress and Court, which has the same people serving for decades. It is this that has led to blatantly bad calls and the crony capitalism that has quite essentially enslaved people in another way. Corporations and banks bed together with the government and it sounds like Chile has that same problem, and that problem will continue unless the reform abolishes it.
Now if your constitution is made new, it can have all the benefits of erasing a dictatorship, but it will not do much good if the elected officials have unlimited terms. Unlimited terms will bring in the illusion of freedom, but it will lead to the build up of a shadow government that will go against the people for their own selfish gains. I want Chile to thrive, believe me, and that is why I am stressing that you learn from our mistake. The less opportunity the people of Chile give for corruption, the better.

4602163
I will have that present. I do believe the state shouldn't be perpetual, but transitory. Same in its power and reach, which besides its magnitude, should be directed towards serving and not ruling. Chile's state is completely limited to a subsidiary role. For better or worse, it's impotent as it is right now to do anything unless the market allows it.

To make a point, presidency in Chile already has the two terms limit, but also it can't be consecutive. This has brought the problem of Bachelet having her two terms interrupted by Piñera's, who is from the oposite end of the spectrum. This means that both spent a good time (let's say 4-5 years between both) disassembling what the other left done. In that case, there's a need to restructure the institution of the Executive Power. The Legislative Power has the problem of direction and, as you point out, the longevity one. The Judiciary Power has both, as it is limited in its application, and has problems for what to do.

That's why I do my part as a journalist by keeping the nation informed. For example, recently the Supreme Court starred a shameful act by reducing the time for a man who assaulted his wife with a concrete brick, took her eyes out with a knife, and left her for dead in the cold. The reason of it was that he didn't have a killer intent. This not only shows how low has justice fall, but also the need of an specialized court for gender aggression and the pertinent legislation, which we don't have as it is right now.

All I can do about it is to shout it out, so the people who can do more know.

4602183

...assaulted his wife with a concrete brick, took her eyes out with a knife, and left her for dead in the cold.

Yeah, I totally see no murderous intent there. Completely accidental. :ajbemused:

We have the same problem here in America where an obvious guilty person will do obviously criminal things (like trying to kill somebody, frauding thousands, ruining reputations, or intentionally poisoning thousands of people for money), and they just get a slap on the wrist. I'm not particularly fond of the idea of specialized courts, though. We have something like that here in America with hate crime laws, but it does not do well and people actually commit a lot of hoaxes in the hopes of gaining a hefty settlement or getting revenge on someone. That said, I am all for justice reform since the courts in both of our countries do not know how to operate correctly and law breakers need to be dealt with quickly and harshly according to the severity of their crime. Right now both of our courts are just sick jokes. And that is not good for our nations.

In the same vein, when giving the power back to the state, the main point is for it to server the nation, not rule it.

This, right here, is something I definitely believe in. A true leader is, if anything, the ultimate servant of their people, not the other way around.

4602194
I believe the specialization helps to the court system, because it means each judge must be prepared on the specific theme instead of being some kind of encyclopedia man. The big problem with the Supreme Court here was that they still saw it all as a normal case of street violence, instead of a home abuse case. I'm not saying they were blind to the real problem, but that they weren't aware of the full scope, something an specialized court would have been because that would have been its specific job.

But it's all opinions. I should call a lawyer for this to be more accurate, and I don't want to depress my sister (technically my lawyer) with this case.

4602216
I think that's why Aquaman has become my favorite character when depicting rulers. Same for Celestia and Luna when the show gets to it.

4602768
Twilight, too. Season 4 was basically "How can I be a good princess? How can I use this to help others the most? I could do so much more than just unrolling banners!" Heck, her first remark upon getting her wings was to ask if there was a book on being a princess she could read.

And she never uses her status for personal advantages, either. Just another reason she's sharing the #1 pony position on my list.

4602836
Man, now I really want to read a "Celestia as ruler" fic. There must be one in my gigantic "to read" list.

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