CONSTITUTION-MAKING FOR STRUCTURAL TRANSFORMATION: LESSONS LEARNED AND CHALLENGES AHEAD IN LATIN AMERICA
ince the late 1980s, the region of Latin America experienced diverse waves of reforms and new constitutions: new or amended constitutions were designed to overcome the dark legacy of repressive law. Many of these constitutions, and the institutional landscape they created, connected human rights and democratization, understanding the debate and resolution of structural problems of society as well within the scope of public law. This move implied a new understanding of the law. Whereas before the 1980s, many considered the law primarily as an instrument of an elite to impede social change, its potential for social change is now recognized – a process that contributed to the emergence of a veritable Ius Constitutionale Commune in the region. Against this background, this panel will ask on the base: What are the perspectives for the current Chilean constituent process? What could be the path for future constitutional reforms?