The 'regional State' in the proposed Chilean new Constitution: positive developments and challenges ahead

After a year of intense work, the Chilean Constitutional Convention presented a proposal for a new Constitution to the public. This proposal will have to be approved in a referendum to be held on 4 September 2022. It is well-known that Chile is among the most centralised countries in the OECD. Therefore, it is not surprising that among the many innovations of this proposed new Constitution, such as gender parity and the strong focus on the environment, one that stands out considering Chile’s history and culture, is the reference to the so-called "regional State". This new form of organizing the State’s functions in the territory would mean the creation of new territorial autonomies, such as autonomous regions and indigenous territorial autonomies, as well as strengthening the existing local governments. Moreover, the regional State is also connected to national law-making, since – in case of a positive outcome in the referendum – the historical Senate will be replaced by a Chamber of the Regions, with different functions than the political branch of the legislative, giving rise to a sort of asymmetrical bicameralism. The proposal would enhance regional authority, especially regarding policy-making and financial matters, with increased normative competences but not legislative powers, unless there is a delegation of legislative powers from the Congress and the Chamber of the Regions. Hence, a connection needs to be drawn between the territorial organisation of the State and the political system that is designed by the proposed new Constitution. The article discusses both, the proposed model’s advantages and its challenges, particularly in terms of the well-functioning implementation of the new organisation of the State and its expected effects on decentralisation and multilevel constitutionalism. Crucial aspects of the institutional design, such as territorial autonomy, asymmetrical bicameralism and financial decentralisation, are not advantages or disadvantages per se. Therefore, the political party system and political culture will be key for translating risks into opportunities, while also amending the text to correct some flaws, if the new Constitution were to be approved.

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https://works.eurac.edu/Digop-01-2022-esteban-szmulewicz-ramirez-the-regional-state.pdf