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Constitutions in OECD Countries: A Comparative Study

Background Report in the Context of Chile’s Constitutional Process

image of Constitutions in OECD Countries: A Comparative Study

Chile has embarked on an ambitious path towards a new constitution. For all countries, drafting a new constitution or amending an existing one is a stimulating challenge, but also a demanding process from both a political and technical standpoint. This report presents the results of a benchmarking exercise conducted by the OECD of possible constitutional provisions, reflecting the experiences of OECD member countries. The components covered include economic and social rights, the system of government, multi-level governance, constitutional review, fiscal governance and the role and functioning of central banks.

English Also available in: Spanish

Constitutional Review

Chapter 6 deals with the various forms for assessing the constitutionality of the actions and decisions of governments, parliaments, and other authorities, collectively referred to as constitutional review. It highlights that constitutions often put in place provisions to this end on whom should be entrusted with the responsibility of interpreting and enforcing the constitution, and how this responsibility should be allocated. The chapter provides an overview of the different forms and models of constitutional review, and offers several considerations for striking the right balance among different values, including the protection of democracy, upholding the rule of law and the superiority of the constitution, but also the insulation of the courts from political influences, the protection of minorities’ representation and individual human rights.

English Also available in: Spanish

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