The new constitution of Chile emerged from a context of military rule established following the 1973 coup that ousted President Salvador Allende. Augusto Pinochet, who assumed power, set out to reshape the political landscape of the country. The constitution was signed into law after a plebiscite, although critics alleged that the process lacked genuine democratic participation. The legal framework was characterized by its emphasis on stringent security measures and preserved substantial power for the military. While it aimed to stabilize the country post-coup, its inception occurred alongside widespread human rights abuses and political repression. Pinochet's regime sought to institutionalize its power through this constitution, asserting that it promoted order and progress.

In the years that followed, the constitution underwent several amendments, particularly in the late 1980s, to facilitate a transition back to democracy. However, many segments of society continued to oppose the constitution, indicative of the lasting scars of the military dictatorship. The ongoing controversy centers around whether the constitution, born from coercive government strategies, can serve as a legitimate document for a democratic Chile. Recent movements have called for a complete overhaul of the constitutional framework, reflecting a persistent desire for truthful reconciliation with the nation’s past.

In 2019, widespread protests erupted across the country, leading to discussions about drafting a new constitution through a participatory process. These events illustrate the living history of the Pinochet constitution, as people actively engage with the legal and political repercussions that stem from its foundation.