The second Chilean constitutional republican experience is examined, focusing in its authoritarian President, the state of exception and the limitation of rights as well as the rising of new political parties. The Second Republic is the Authoritarian Republic (1830-1870) that is characterized by the dominance of the executive function and the use of states of exception. The debate about the authoritarianism of Latin America in the works of Bello and Lastarria is explained. The first Chilean constitutionalism is compared in the works of the Carrasco Albano and Huneeus is also subject to analysis. This Republic also shows several changes in the structure of rights and of the constitutional property law that is explained. Last but not least, the main political agents and the mutation of the Second Republic into the Third Republic is also explained.

Fundamental rights and freedoms constitute the majority of agreed articles in the draft constitution produced by the Constitutional Conciliation Commission ‘Anayasa Uzlaşma Komisyonu, AUK’. This chapter analyzes the content of these articles and seeks to explain why the AUK was able to achieve more consensus on these than on other provisions ‘e.g., principles of state organization’. It argues that constitutional borrowing, both horizontal and vertical, served as an inspiration and consensus-achiever in the discussions. The agreed draft text contains provisions that are either constitutional novelties or offer more far-reaching protection than the existing constitutional framework. We particularly emphasize the normative authority the European Convention on Human Rights enjoyed in the deliberations and the role of human dignity as a foundational constitutional norm “borrowed” primarily from the German Basic Law. The chapter concludes that the draft chapter on fundamental rights and freedoms was neither an unequivocal success story nor a complete failure. Nevertheless, the constitution-making process remains a missed opportunity for democracy in Turkey.