Details
| Original language | Portuguese |
|---|---|
| Pages (from-to) | 100-120 |
| Journal | REJUR - Revista Jurídica da UFERSA |
| Volume | 6 |
| Issue number | 12 |
| Publication status | Published - 2022 |
Abstract
From this perspective, the historical evolution of the constitution can be seen, in addition to its claims of formal equality, as a continuous process of building legal differences. Focusing on the differences constructed through Chilean constitutional history, one can rethink the transition from the ancien régime to
modern constitutionalism not as an equality-oriented process, but as the construction and unfolding of new differences. Constitutional history shows that legal models have not produced a par tout equalization of the population. Instead, equality and difference were reconstructed and adapted to the societies that
emerged from the dissolution of the ancien régime order.
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In: REJUR - Revista Jurídica da UFERSA, Vol. 6, No. 12, 2022, p. 100-120.
Research output: Contribution to journal › Article › Research › peer review
}
TY - JOUR
T1 - A construção das diferenças no constitucionalismo chileno (1810-1980)
AU - Bastias Saavedra, Manuel
PY - 2022
Y1 - 2022
N2 - The article seeks to analyze the construction of differences in Chilean constitutionalism from the problematic relationship between law and diversity. It starts from the tensions between different forms of social observation of diversity to rethink the problem of alterity in the Chilean constitutions from 1810 to 1980.From this perspective, the historical evolution of the constitution can be seen, in addition to its claims of formal equality, as a continuous process of building legal differences. Focusing on the differences constructed through Chilean constitutional history, one can rethink the transition from the ancien régime tomodern constitutionalism not as an equality-oriented process, but as the construction and unfolding of new differences. Constitutional history shows that legal models have not produced a par tout equalization of the population. Instead, equality and difference were reconstructed and adapted to the societies thatemerged from the dissolution of the ancien régime order.
AB - The article seeks to analyze the construction of differences in Chilean constitutionalism from the problematic relationship between law and diversity. It starts from the tensions between different forms of social observation of diversity to rethink the problem of alterity in the Chilean constitutions from 1810 to 1980.From this perspective, the historical evolution of the constitution can be seen, in addition to its claims of formal equality, as a continuous process of building legal differences. Focusing on the differences constructed through Chilean constitutional history, one can rethink the transition from the ancien régime tomodern constitutionalism not as an equality-oriented process, but as the construction and unfolding of new differences. Constitutional history shows that legal models have not produced a par tout equalization of the population. Instead, equality and difference were reconstructed and adapted to the societies thatemerged from the dissolution of the ancien régime order.
U2 - 10.21708/issn2526-9488.v6.n12.p100-120.2022
DO - 10.21708/issn2526-9488.v6.n12.p100-120.2022
M3 - Article
VL - 6
SP - 100
EP - 120
JO - REJUR - Revista Jurídica da UFERSA
JF - REJUR - Revista Jurídica da UFERSA
SN - 2526-9488
IS - 12
ER -