From resistance to deliberation A deliberative conception of the right to resist from South American constitutions, illustrated by Chilean uprising and constituent process

Abstract

I will propose a deliberative conception of the right to resist. I will argue that this conception can help to complement the model of democratic representation when fails. This conception offers three characteristics. First, it would protect individuals who express their disagreements through non-institutional collective political actions, mainly social movements. Second, it would impose on the rulers the obligation to convene a deliberative forum, to address and resolve the disagreements expressed by said actions. Third, it would contribute to a guarantee of the involvement of claimants in the search for a collective solution to the matter they are demanding, thereby giving this decision greater legitimacy, and restoring social peace.