One year before MPS leaders decided to choose Chile (of all places) for their regional gathering, the military regime enacted a new constitution in September 1980, which was slated to become effective in March 1981. The constitution was drafted by gremialista leader Jaime Guzmán, who from the beginning served as the architect of the legal and constitutional framework of the military government. The constitution was not only named after Hayek's book The Constitution of Liberty, but also incorporated significant elements of Hayek's thinking. Above all else, the constitution placed a strong emphasis on a neoliberal understanding of freedom. Guzmán's version of freedom is intrinsically connected to private property, free enterprise, and individual rights. Individual freedom in his interpretation can only evolve in a radical market order. The constitution was dedicated to guarantee such an order without constraining any economic activities. In order to protect free market conditions and individual freedom against "totalitarian attacks" or "democratic intervention," the constitution stipulated the necessity of a strong central state authority to guarantee the established rule of law, and thus above all is hampered in the application of discretionary governmental power. Exempted were measures to uphold the status quo inasmuch as Guzmán aggressively supported the continuing state of emergency, which legalized the use of whatever discretionary powers were deemed necessary to quell oppositional forces. Human rights typically guaranteed by constitutions were not considered absolute in the Chilean version and were to be severely restricted "when a society undergoes turmoil or heavy challenges."

Philip Mirowski & Dieter Plehwe (eds.), The Road from Mont Pèlerin, loc. 1591