NEW CONSTITUTION AND CONSTITUENT ASSEMBLY IN CHILE

This paper deals with the debate opened in Chile on the need or not to convene a constituent Assembly to elaborate the draft of a new Constitution. The author argues that the discussion should not revolve around the constituent Assembly, which is the means or process; but in the end pursued with regard to the problem and discussion: a new Constitution, result of the democratic constituent power and their normative contents open to the modern constitutionalism (liberal, democratic, and social).