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This article addresses the concept of ‘constitutional moment’ in contemporary Israel, where an illiberal constitutionalisation process is in progress, and in Hungary, where the illiberal constitutional system has been in place since 2010. After discussing the judicial overhaul of the current Israeli government and the widespread protest movement against it, the article raises the question of whether the moment to adopt a written constitution has arrived. In Hungary, where a semi-electoral autocratic constitutional regime has been entrenched, the question is what are the perspectives on a return to a liberal democratic constitution.
The present constitutional moment is explored and the reasons why Chile needs a new Constitution are under consideration of this section. The contents and procedures that are necessary to carry out such a proposal. For example, the reasonable exercise of constitutional constituent power in Chile is analyzed and also the control of the Constituent, Destituent and Mutation of Constitutional Powers. Last but not least, the dilemas existing between participation and representation at the Chilean Constituent Process and what this means for the survival of Constitutional Democracy and Republicanism. Through reflection, persuasion and pacific political action is the strategy of republican constitutionalism to which we can aspire in our present and imperfect Fifth Republic, that is still neo-liberal and neo-presidential. We hope to transit in a peaceful way to a new political form, from which could emerge the Sixth Chilean Republic, characterized by a guarantee of economic, social and cultural rights and by a more democratic and balanced concept of authority. A real, moderate and sustainable version of the project of the Welfare State or the Social and Democratic State in Chile.
Although all constitutional issues are political in essence, ‘political constitutionalism’ as a school is specifically critical of court-centred understandings. Such a school of political constitutionalism has emerged in Chinese constitutional debates since 2008. Its rapid development has both enriched and challenged Chinese constitutional studies, but it has also left certain impacts on the political reality of China. Is this school comparable to the Western political constitutionalism tradition and how is ‘the political’ defined? By discerning three political registers from the school’s main arguments as the ‘constitutional moment’, ‘polity’ and ‘governance’, this article aims to critically examine the aims and functions of political constitutionalism in China and to argue that while constitutional reflexivity requires contestability, the political registers of this wide-ranging school in fact deny it.
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