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The Public Law Journal of the Universidad de Chile invites national and foreign authors to participate in the next issue of the Journal, corresponding to the second semester of 2024.

Articles must conform to the editorial guidelines, which can be found at: https://revistaderechopublico.uchile.cl/index.php/RDPU/about/submissions

The papers are subjected to a blind peer review process.

 

Reflections on constitutional manipulation

Authors

  • Néstor Pedro Sagüés Profesor de Derecho Constitucional. Universidad Católica Argentina

Abstract

The issue of constitutional manipulation is nothing new, and it already appears with the first document with a constitutional physiognomy of the West, that is, the English Instrument of Government, of 1653. Its art. VIII determined that "neither the next Parliament to be convened, nor any subsequent Parliament, will be, during the period of five months, counting from the day of its first meeting, suspended, extended or dissolved, without its own consent." The expression "five months" was perversely interpreted by Oliver Cromwell to mean lunar months, and not "solar" months, as was (and is) the common and normal usage of the word "month." dissolve the Legislative Power a few days before the time that really corresponded to be able to close it.

Keywords:

Constitutional manipulation, Constitution, Constitutional Law