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단행본Cambridge studies in the theory of democracy

Constitutionalism and dictatorship: Pinochet, the Junta, and the 1980 constitution

개인저자
Robert Barros
발행사항
Cambridge, UK ; New York : Cambridge University Press, 2002
형태사항
xviii, 349 p. ; 23cm
ISBN
9780521796583
청구기호
340.959 B277c
서지주기
Includes bibliographical references (p. 327-340) and index
소장정보
위치등록번호청구기호 / 출력상태반납예정일
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책 소개
It is widely believed that autocratic regimes cannot limit their power through institutions of their own making. This book presents a surprising challenge to this view. It demonstrates that the Chilean armed forces were constrained by institutions of their own design. Based on extensive documentation of military decision-making, much of it long classified and unavailable, this book reconstructs the politics of institutions within the recent Chilean dictatorship (1973?1990). It examines the structuring of institutions at the apex of the military junta, the relationship of military rule with the prior constitution, the intra-military conflicts that led to the promulgation of the 1980 constitution, the logic of institutions contained in the new constitution, and how the constitution constrained the military junta after it went into force in 1981. This provocative account reveals the standard account of the dictatorship as a personalist regime with power concentrated in Pinochet to be grossly inaccurate.

It challenges long standing accepted wisdom about dictatorship and institutions.

목차

1. Dictatorship, legality, and institutional constraints; 2. The Constitution of the Exception: defining the rules of military rule; 3. The constitution and the Dictatorship: The Supreme Court and the constitutionality of decree-laws; 4. The shadowy boundary between force and law: the judiciary, repression, and the cosmetic limitation of emergency powers; 5. Constitutionalization without transition: prompting the dual constitution of 1980; 6. The permanent text: constitutional controls or military tutelage?; 7. Even custom shoes bind: military rule under the constitution, 1981?1988; 8. Military dictatorship and constitutionalism in Chile.