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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

The basics of constitutions: An overview

This chapter provides an overview of a number of basic aspects of the constitution that will need to be taken into consideration by constitutional drafters regardless of the institutional choices they make. It begins by outlining the key elements usually regulated in constitutions, and how they are often an instrument of national self-expression. It goes on to discuss key elements of the frame of government, including its territorial structure (which is further elaborated in Chapter 4) and the three powers (the executive, legislative and judiciary). It concludes by providing an overview of the most common mechanisms included in OECD member countries’ constitutions for constitutional amendment and stability.

English Also available in: Spanish

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