Chapter Seven - Fifth Republic: The Neoliberal Republic, 1990 to Date

Summary

The Fifth Republic is neo-liberal Republic and hiper presidential (1990 to date) and emerges in 1990 from successive reforms. Executive constitutionalism is one of its main characteristics. The relationship between the executive and legislative functions is analyzed including non-legislative faculties of the President. Controls of the Legislative over the Executive as well as the relationship Executive–Legislative in the constitutional practice. Also the imbalance of powers between the Executive and the Legislative including the imbalance in technical capabilities. Furthermore, an assessment of the control mechanisms by the Legislative and a proposal for a new balance is explained. A section where the Chilean government regime is compared with the Parliamentarian system and with the semi-presidential system. A comparative analysis of the general conception of the law, and the Chilean doctrines and jurisprudence regarding the right to property. Finally, economic, social and cultural rights and the Social and Democratic State governed by the rule of law is explained jointly with the idea of the Leopard Constitution and the contradictions of the Fifth Republic.