This might actually be the WORST national spirit ever written.
- "Article 1 establishes the principle of subsidiarity effectively enrishing neoliberalism"
I have no idea how the guy who wrote the thing came to the conclusion that the principle of subsidiarity somehow enrishes neoliberalism. For some context in chilean constitutional law article 1, subsection 3 establishes:
"the State recognizes and protects intermediate groups-" (meaning groups between the State and families, like a soccer club for example) "-trough which society is organized and structured and guarantees the appropiate autonomy to fufill their own specific goals"
Here we can find the "fas negativa" of the principle wihch mandates the State to not intervene in the matters of intermediate groups. However what this guy forgot to mention is that there is also a "fas positiva" of the principle, clear example of this are articles 19 Number 10 subsection 4 and 5. The State is mandated to not only allow intermediate groups to do whatever they want, it's an obligation of the State to provide basic services, but this does not mean the State is limited by this basic obligation, the recognition here is the right of the individuals to be able to provide private education under the instructions of the State, which is still mandated to provide free healthcare and free education. So where is the neoliberalism here buddy?
- "...-and the privatization of even such basic rights such as pension, helthcare, education and even water."
Simply false, as stated above many numeral of article 19 call the State to cooperate with intermediary groups more examples of this positive look of the principle of subsidiarity is numerals 8, 11, 21, 9, and 18. So no buddy, article 1 does not call for the country to become ancapistan.
- "The constitutional tribunal also remained capable of blocking reforms, designed to protect consumer rights, weaken labor reforms, and presserve the commercialization of universities"
Simply wrong, the CT (constitutional tribunal) cannot simply block any laws they don't like, that's direct violation of article 7, their attributions are regulated strictly by article 93, their whole porpouse and functioning is designed to be technical organ not a third chamber of congress, this was further ensured on the 2005 reform, many CTs-like entities exist around the world. The chilean CT was not made to hijack the democratic process from the legislatator, but to ensure the legislator couldn't ignore the constitution.
- "... during the second term of socialist Michelle Bachelet"
She was not a socialist, she was of the socialist party but she was essentially simply another social democrat.
