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Direct democracy integrity in constitutional referendums in Chile: Successful failure and exclusive failure

Constitutions
Referendums and Initiatives
Campaign
Norbert Kersting
University of Münster
Norbert Kersting
University of Münster

Abstract

Modern constitutional referendums include more deliberative participatory instruments such as constitutional assemblies, minipublics, online deliberation etc. In this article, the Direct Democracy Integrity Index is used to analyze the Chilean constitutional referendums 2022 and 2023. After strong protest and demonstrations, an initiating referendum in 2017 was implemented. This led to an elected constitutional assembly which used different forms of online- and offline-deliberation and developed a progressive modern draft constitution. The inclusive process was seen as a success. -But the draft constitution failed and it was rejected in the referendum 2022. In the following process, an expert group of experts, public administration and politicians wrote a new draft conservative constitution without inclusion of civil society groups and broad participation of political parties. This draft conservative constitution was rejected as well in the referendum in 2023. The Direct democracy integrity index shows problems of integrity in constitutional referendums in Chile.