El lenguaje del constitucionalismo chileno (1973-2013): Tras del estado de excepción y la violencia

This paper will try to explain the actual semantic-conceptual web in the parallel creation of an alternative legal system and the defeating of the actual law that is presupposed as valid and with efficacy, under the thesis of the state of exception, the constitutive violence and the Carl Schmitt’s theory of the sovereignty with a special emphasis in the genesis of the 1980’s Constitution, cradle of the Chilean constitutionalism which was above the academy for long 30 years. For this I will use three argumentative axes. The first will investigate the origin of Law, accurately the legal system, with the end-aim of affirm that the Law comes from convention and at the same time, from logics. The second will go inside the dichotomy between normality and exception to give answer to the question of the change of the institutions through power relations, violence and the morality of Law, topic that were object of discussions in the recent Chilean literature about political theory. The third will take the case of the Chile between 1973 and 1980 with its political and legal process who ended in the creation of a Constitution that is target of debates today.