Mariano egaña y la constitucion politica de 1833. las fuentes del voto particular

Abstract

Most of the definitive content of the 1833 Political Constitution finds its origins in Mariano Egaña’s Particular Vote. This was a comprehensive alternative project prepared by the great jurist of the "pelucón" regime* at the very heart of the commission that had to reform the Constitution of 1828. Its analysis shows that, in the decisive matters that ended up leaving his personal hallmark to the Constitution of 1833, Egaña, in drafting it, employed as essential sources the Napoleonic constitutional models and those of the French Restoration, which does not preclude the fact that a great deal of its stipulations were quite close to the constitutions of revolutionary France and to the Spanish one of 1812 as well as to the Chilean texts of 1823, (because that was the work of his father, Don Juan), to the one of 1822, (O’Higgins’s second constitution), and to the liberal constitution of 1828.