After eight months of work, the Constitutional Council formally approved the new Chilean Magna Carta on Monday, a document that sparked intense debate between its supporters and the left-leaning government of President Gabriel Boric. The text will be put to a popular consultation on December 17. Polls have shown uncertainty about the outcome, and observers note that political forces will mobilize for and against the options now on the table.
The initiative was backed by the Republicans, a broad right-wing bloc that also includes more moderate factions meeting in Vamos, Chile. The coalition secured 33 votes, more than enough to move the constitutional project forward. Predictably, 17 councilors from the left and center-left, who lack veto power, voted against it. Boric is expected to receive the draft on November 7.
The country now faces a second constitutional process within two years. The first, progressive in nature, emerged from the social upheaval of October 2019 and culminated in a decisive voter rejection in September 2022. A conservative wave followed, and in May new councilors were elected to refine the draft produced by the Expert Committee. José Antonio Kast led the bloc that gathered the most votes and left a distinct imprint on the discussions.
One participant noted that moving out of the constitutional stalemate that had persisted for nearly four years would require a better text. President Beatriz Hevia, a young far-right activist who leads the council, asserted that the current moment brings confidence that the goal has been reached, though opinions remain divided.
mixed opinions
From the Republican side, the path to success is seen as a significant political defeat for left-wing forces and civil society groups. Several articles have drawn attention to provisions on the unborn child’s right to life, immediate deportation of unauthorized entrants, and a tax exemption for the first home that could benefit higher earners. Even as the rule of law was debated, some feel that environmental protections and other long-standing goals did not receive strong emphasis in the final draft. The head of the Republican delegation, Luis Silva, who is associated with conservative circles, acknowledged that the proposal now aligns more with the center-right spectrum than with a broader liberal consensus.
Ivonne Mangelsdorff of National Renewal, echoing historic criticisms, argued that when political actors speak for the Communist Party, trust becomes complex. Others noted that the proposal does not fully deliver on a constitution meant to embrace all citizens. Verónica Undurraga, president of the Expert Commission, expressed disappointment with the closing section of the 216 articles and 62 transitional provisions, while still recognizing the efforts that shaped the preliminary project.
Constitutional scholar Javier Couso from Diego Portales University argues that the Magna Carta deepens existing trends from the 1980s, a period guided by the Pinochet regime. He cautions that the document signals economic conservatism and a conservative cultural morality, checking the forward march of reform in some areas.
rejection from the left
Senator Alejandro Kohler of the socialist party criticized the agreement as privileging a dogmatic and polarized text that excludes other democratic ideas and mostly sides with business interests. He voted against, invoking the memory of Salvador Allende. Paulina Vodanovic, president of the PPD, wielded irony in response, while Jaime Quintana, a center-left leader, argued that the constitution leans farther to the right than the framework inherited from the military era. He warned this could spark a new wave of social unrest larger than the 2019 upheaval.
Recent polling by Plaza Pública Cadem shows 34 percent of Chileans open to approving a new Magna Carta, while 51 percent oppose it. A notable finding is that 58 percent do not back starting a new founding process if the current proposal fails at the ballot box. Proponents argue that the unfavorable polling could reverse as December 17 approaches.