Cath Collins. “Legitimation Narratives, Resistance, and Legal Cultures in Authoritarian and Post-authoritarian Chile: Lawyers and Judges in the (Post)-Transition.” In Studies in the History of Law and Justice. Eds. António Pedro Barbas Homem, et al., pp. 165-191. New York, U.S.: Springer, 2022.
This chapter explores the role of law, lawyers, and legal activism in authoritarian and transitional contexts, using Chile’s experience as a case study. It highlights how constitutional “moments” serve as pivotal junctures shaping the political and legal landscape. The 1980 constitution enacted during Chile’s dictatorship remains a foundational moment that has constrained legal activism and rights discourse for decades by embedding authoritarian legal-cultural norms. The chapter argues that legal mobilization under these conditions was limited by adherence to the authoritarian-era legal framework, which weakened efforts for meaningful democratic transformation.
However, the 2020 plebiscite that initiated a new constitution-making process marked a significant shift, emphasizing popular mobilization outside traditional legal channels like courts or legislatures. This shift signals potential for breaking free from the constraints imposed by the authoritarian past and for law and legal activism to play a more transformative role in Chile’s democratic future.