JOURNAL ARTICLE

No higher law: The Uruguayan plebiscite of 1980 as a failed constituent moment.

  • Published In: International Journal of Constitutional Law, 2024, v. 22, n. 2. P. 450 1 of 3

  • Database: Legal Source 2 of 3

  • Authored By: Katz, Andrea Scoseria 3 of 3

Abstract

The article focuses on Uruguay's 1980 constitutional plebiscite, in which the military dictatorship sought to legitimize its rule through a new constitution drafted secretly by military officers. Despite a repressive political environment and extensive government propaganda, the draft was decisively rejected by 57% of voters, marking a pivotal moment that delegitimized the dictatorship and initiated Uruguay's transition to democracy by 1985. The proposed constitution would have entrenched military supremacy over civilian institutions, including the National Security Council (COSENA), and severely restricted political freedoms. The article situates this event within broader discussions of "constituent failures," arguing that while the draft constitution failed procedurally and substantively, the plebiscite's rejection catalyzed deeper democratization processes.

Additional Information

  • Source:International Journal of Constitutional Law. 2024/04, Vol. 22, Issue 2, p450
  • Document Type:Article
  • Subject Area:Politics and Government
  • Publication Date:2024
  • ISSN:14742640
  • DOI:10.1093/icon/moae040
  • Accession Number:180119563
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