Chilean Constitution of 1925: History, Reforms, and Key Features
CONSTITUTION OF 1925
Background: In 1924, Chilean President Arturo Alessandri Palma faced a predominant legislative power over other state powers. On September 5, 1924, officers, objecting to the establishment of a parliamentary allowance detrimental to the armed forces’ financial claims, initiated a military uprising. This led to President Alessandri being granted permission to leave the country for 6 months, and parliament was dissolved.
In January 1925, the President was asked to return from Rome, agreeing on the condition of calling a constitutional assembly to draft a new constitution more aligned with the times. This draft was submitted to a referendum on August 30, 1925, resulting in the adoption of a new constitution with a distinctly presidential character.
Vote Red (Presidentialism): 127,509
Vote Blue (Parliamentarism): 6,825
White Vote (Rejection of both): 1,449
09.04.2007
Quinquennium PERIOD
Age of the Liberal Republic
After the period of decades with Don JOSE JOAQUIN PEREZ MASCAYANO who ruled from 1861 to 1871, begins in Chile’s five-year period in the sequence indicated:
1871 – 1876 Don Federico Errazuriz Zañartu, during his government built the railway from Curico to Chilian, and from there to Talcahuano and Angol. Quay was built in the port of Valparaiso. The buildings were completed, the National Congress, and the Quinta Normal for the International Exhibition of 1875.
1876 – 1881 Don Anibal Pinto Garmendia
1881 – 1886 Domingo Santa Maria, a trend very liberal (secular laws enacted)
1886 – 1891 Jose Manuel Balmaceda, who rules with a firm hand becomes the more authoritarian the 1833 Constitution, the National Treasury has great resources, public works and performs great on January 31, 1890 in which President sends the draft budget law , is not approved and President to issue decrees which extends previous year’s budget. It is the immediate cause of the revolution of 1991 that had been incubating, 1829.
Pacific War, defeat political coalition, took President Domingo Santa María 1881 known among other things, trends and enacted very liberal secular laws, out of jurisdiction. Ecclesiastes
What is scoring marriages civil registration, death, birth, amending the Civil Code with the civil marriage law and the law of the cemetery, these three laws make Chilean society was taking the step of separation of church and state as materialized with the constitution of 1925.
Santa Maria ends 1886 and assumed command great enemy of the president’s authority granted by the 1833 constitution, which is Don José Miguel Balmaceda chairman of the Senate President of the Republic assumes, there is direct confrontation between the two executive and Congress, as compared by many decade … confrontation between monarch and Parliament is happening in England. Misnamed occurs ———— 1891, supported by army executive and legislative support of armed confrontation with battle, including Con Con and Placilla means that many people died. Triumph the Congress defeated the army, Balmaceda embassy in exile in Argentina where suicide September 17, 1891. Leave idea letter left political thought in some way indicates that it could have prevented what happened. Historians of our country begins SEUDOPARLAMENTARIO period.
It incorporates elements of English parliamentary system.
Integral reform 1888 repealing Article 1 which established limits of the territory of Chile.
Electorate is large, the procedure for constitutional reform.
Admiral comes … the presidency until 1896. parliamentary political practices start, rotating ministerial. Charter 33 said ministers depended on confidence of the president …. The cabinet resigned en masse, would where the president presented his resignation and political practice that was accepted. American-style campaigns begin. President Arturo Alessandri Palma begins with great social upheaval and economic crisis. 1924 where other things Congress enacted a law granting them a diet of parliament. Formerly honorary position. Armed forces are raised that were not paid their wages and September 4. 1924, Congress and military come out with swords leaving fallen. Political and legal crisis arises, September 5. 1924 came a military coup and set up a military junta led by General Luis Altamirano, who decreed among other things, the constitutional permission exit Alessandri president for six months, lasting until September. 1825, a period in which to Italy. Gen. Altamirano on September 11. 1924 dissolved the congress. On January 23, 1925 assumes that new board named Emilio Bello dismisses Codecido Altamirano and including the two highest authorities of the time. The crisis was more political and legal thought. Trying to install parliamentary system or semi presidential system.
First measurement of the Board: We are asked to return home Alessandri who agrees with a condition that the organization of a Constituent Assembly, with the idea of creating a new constitution is made 30.03.1925 handover by the Board.
07/04/1925. Alessandri gives DS which requests, 53 members representing all political circles to prepare for the convocation of a Constituent Assembly, expanded to 122 members participating in addition the president Alessandri more José Maza, total 124. (Constituent Assembly in doctrine is broader in terms of number of members) .- It turns out that the advisory committee held only three meetings, the first resolve to distribute work in two sub committees responsible for preparing a draft constitutional reform is sponsored by government. The other to study the mechanism by which it is going to convene a constituent assembly. (Ask at the eye test.) In practice things are different. Comes as a sub committee working hard (produced three projects) in 35 long sessions between April 5 and .. August 1925.
The second sub committee meets only 3 times in an informal manner without reaching any conclusion. The country remains locked in a legal and political crisis. Alessandri President participated in a plebiscite to terminate the idea that future political system to be set up in Chile, however not be provided within the projects of the moment, so that the people decide the future system to establish. On August 30, 1925 DL. 461 .- (clarification December 23. Alessandri term expires 1925)
It is called a plebiscite for the people of Chile, a different procedure is used as agreed and prepared by the committee itself to the instance of this referendum Alessandri and citizenship of the time it displays three possible alternatives.
1 .- Red vote government project. Set back to traditional presidential regime (not presidential)-style. C. 1925 is a tendency to presidentialism.
2 .- blue vote parliamentary system established regulations.
3 .- white vote project involves rejection of both projects and finding new system of government.
Opponents slam President Alessandri procedure, because the alternative vote winner was red from the government, saying the other hand the Conservative Party and Radical said:
1 .- that the votes were framed as obscure and vague.
2 .- citizens submitted more than two alternatives
3 .- The vote was not secret ballots printed in different colors and there was no enclosed cabs
4 .- Partial unilateral decision alternatives only informed citizenry is the draft of government red.
5 .- That the country was in the system abnormality, dissolved Congress and military pressure.
6 .- The project was not developed by a constituent assembly but together …
Official results of the plebiscite.
Red … 127 509 votes.
Blue System 6885 parliamentary votes
1449 votes Rejection .-
Total 135 783 voters.
Citizens entitled to vote 302 304 .- only 44.39% votes.
TRANSCENDENT QUESTION .- When promulgating decree takes effect indicated that C 25 is the 1833 reform was formally reform of 1828. The decree promulgates says he has agreed to reform the 1833 constitution and according to the political aphorism (things are what they are and not what the parties say)
In fact a new constitution emanates from the constitutional commission equal to that of 1828, there is no doubt that new constitutions are
CONSTITUTION OF 1925
The 1925 Constitution was a constitution that governed us destinations in the twentieth century. It should be noted in their virtues, Genesis pragmatic point of view launched the country was in crisis coupled with political and legal crisis of 1929. The social reality in legal matters is also a source of such right. Rev. French, great source of law, big change. The reality higher than expected and this gives much political right.
FEATURES of the Constitution of 1925 .-
1 .- innovations form:
Compared with 1833, in its formal aspect has a better wording latter. Nobody disagrees. Recurrences are rare and improprieties in the leguaje are minimal, which can be seen eg.
– The Constitution of 1833 speaks of the Chileans, confused concept of nationality and citizenship, C, 1925 changed the clear distinction in the same chapter II distinguish between nationality and citizenship. All nationals are citizens and not all citizens are citizens.
– Under the heading of Constitutional Guarantees of the 1925 Constitution merged into a single chapter (Chapter III) the fundamental rights which were scattered in the 1833 Constitution were scattered.
– Improved the wording of Appeal on Jurisdiction, which suffered from ambiguity in the letter of 1833 .-
– So in Chapter I, which replaced the Republic of Chile expressions is one and indivisible by The State of Chile is unitary, and one that said, the government of Chile is popular representative, for the following: its representative democratic republican government.
2 .- With regard to substantive innovations:
° against the government system removes all types of germ parliamentary expressly provides that the president appoints and removes its ministers. It eliminates germs that are dependent on Congress ministers.
· Chamber of Deputies to monitor does not affect political accountability of the minister.
· It states that charges of ministers and parliament are incompatible with each other, holding fast the presidential system at the expense of parliament.
· We give the President of the Republic legislative power, as co legislator. (Small temporal monarch, a sort of constitutional dictatorship.)
· When President is granted authority to sanction and promulgate a law. (Sanction issue by DS) publishing different. eye check.
· We grant the president powers of initiative in certain subjects to introduce bills which is enhanced in the C 80.
· It provides that Ministers of State may attend the Congress to defend government projects and make use of the word.
Figure · To strengthen laws are removed as president and remains regular budget law but with particularity if not approved within 60 days, it is the president’s proposal.
MOST SIGNIFICANT INNOVATIONS FUND
1 .- The separation of church state. Chile one of the first states to peacefully separated from the Church. It was negotiated by Alessandri with papal authority Pio XI is materialized by a concordat, an agreement with the State of Chile and the Holy See on rights and obligations of the parties. Among the obligations imposed by the Chilean state, must deliver to the Archbishopric of Santiago $ 2,500,000 for five years, value of time to finance and invest in the needs of worship.
2 .– first is incorporating social content rights. Third Constitution (only recognized in 1919 Weimar Constitution and Mexicana 1917). Right to education, employment, social security and property rights within the social function of property. (Private property always subject to social function, subject to public rather than private interest.) All this because he was in a time when these rights were recognized by the United Nations, and in a letter of 80 is used to include 3rd generation rights .-
There are developments in the social recognition inspired a group of conservative social struggle to realize innovations inspired by Rerun Novarum which later took the form of labor standards and provisional in 1924.
3 .- deleted state council and commission conservative .- The State Council, an advisory body not resolving, considering it unworthy of Republican government system, well-connected to royalty. Conservative committee is eliminated, which Congress legislated in recess, so today by granting legislative power to the president and the commission is not needed for conservation.
4 .- create board of elections, with candidates as well as announcing award winners. (Do not forget) 1925.
5 .- Two new bodies are created in separate issues: Provincial Assemblies and the Administrative Courts. These two bodies are as programmatic bodies that were never issued additional laws to keep them alive, are on paper. They were at C 25 and lack of action does not materialize. Provincial assemblies tend towards administrative decentralization of the country there were only incipient provinces, not regions. (There is no policy that exists in parliamentary systems)
6 .- Another rule is a readiness program that is compensation for miscarriage of justice, enshrined in article 20, never gives supplementary law to indicate adjectival rules, deadlines, etc.. (Supreme court could not dictate banc, was the subject of legislators who did not).
7 .- presidential term was extended 5-6 years without re-election by direct vote (in case of second round was done in an indirect way and was the congress who first expressed) .-
The congress is bicameral, ranging from 3 to 4 years Senators 6-8 years deputies.
8 .- It enshrines the principle of the inapplicability of unconstitutionality, taken from Philadelphia Constitution. The aim is to ensure use of inapplicability of the constitutional supremacy, which is given to the Supreme Court.
This incorporation of appeal as stated rule inapplicable it is for high court, he brings to the repeal of the rule, the legislature alone has the authority to regulate), therefore the declared inapplicable to this case but the law remains in force. There is a real control of constitutional supremacy, the real change occurs with the establishment of the Constitutional Court.
CLASSIFICATION OF THE CHARTER OF 1925
According to the traditional classification of constitutions.
According to their deeds: Written, contained in a single text solemnly promulgated August 30, 1925 by President Alessandri.
According length: short or summary lays essential foundations of State organization recognizes fundamental rights and yet in some areas it can, large or developed, eg. Nationality and citizenship. One of the few constitutions in the Western world that this matter is in the Constitution. Regarding latamente ownership is widespread. Sign in to detail regarding property expropriation. Cap. II component is extended, if property rights to maintain private property free from controversy in Congress.
In terms of flexibility: it is said semi rigid or semi flexible, yet recognizes the mechanism of constitutional supremacy reform is not as cumbersome as 33 or in the current.
According origin or establishment: it is a democratic constitution in spite of apparent flaws that originate criticisms made by the procedure of its adoption by a constituent assembly.
REFORM OF THE CONSTITUTION OF 1925 .-
The text of the 1925 Constitution was a matter of 10 changes.
FIRST REFORM, materializes as. Law No. 7727 of November 23, 1943, the reform in three aspects:
1 .- Payment to the President of the Republic sole initiative:
a) regarding the submission of bill for policy management and distribution planning, not only in this area, but in terms of creating new public services or jobs rented, in order to enable you to make better public expenditure policy. Presidentialism is strengthened.
b) rises to a constitutional level the Comptroller General of the Republic (1927 law was created by the Comptroller General of the Republic with legal status).
c) authorizes the President to enact spending bill without authorization in case of emergency, in order to end the abuse that meant the promulgation of decrees of financial emphasis. Within the existing budget law items, headings and therefore within the set amount wins to 2% via Decree president may have exceptionally. General rule is to be done through legislation. Today in full force Art. 22 N º 21.
We conclude that in the first and third field have strengthened.
Second Reform Act is embodied by 12 548 of 30 September 1957. Purpose of law closer ties of friendship and kinship with Spain, established treaty with Spain still in effect nationalizing sources by letter, only case with Spain Chilean dual nationality does not renounce his Chilean nationality. If Germans are not recognized by Chile.
1 .- 12 548 LAW established that the Chilean-born babies and Spanish Balearic islands or mainland have dual citizenship without renouncing their nationality of origin. (Treaty of 1957 included a C 25, only with Spain. In full force today left open with any country that signed with Chile)
2 .– resource is created a claim for loss of Chilean nationality, the claim did not naturalized to the same authority that ordered the measure, to challenge the decree instance was the Supreme Court.
3 .- The Chileans who were foreigners for reasons of equalizing in the exercise of civil rights with nationals of the country concerned or for reasons to stay in the foreign state was obliged to adopt the nationality of the new state, which meant losing Chilean nationality. (Repealed newly renovated 2005).
REFORM OF THE THIRD C.25 13 296 embodied by the Act of March 2, 1959 .- This reform is intended to streamline the election period, extending to 3-4 years the mandate of Aldermen in order to have elections every two years and avoid the so-called voter fatigue.
REFORM TO FOURTH C. 25 Law 15 295 of October 8, 1963 known as the first Agrarian Reform Law, or also called pot Agrarian Reform, enacted during the administration of Jorge Alessandri.
Objective of this Law: non-urban land expropriate abandoned or poorly exploited. 10% was paid in cash and the balance in 15 equal annual maximum. The aim was to make an agrarian reform in Chile, the idea of who worked the land they owned.
He pointed out that individuals were entitled to claim the validity of the expropriation and the amount of it. The courts determined whether there was cause for expropriation.
REFORM TO FIFTH C. Law 25 of 1967 .- 16 615 issued in the Government of Eduardo Frei.
1 .- Ensure that private property comply with the social function which by its nature is.
2 .- To facilitate the merger of the property.
3 .- To be able to transfer the public domain means of production that would require the common good. The general rule is that the acquisition of goods is done through volunteer legal act, and the exception is to be done by way of expropriation when there is a common benefit.
4 .- To ensure compliance with the social function of property and accessible to all the property.
The amount of compensation shall correspond to the current valuation for purposes of payment of payment of contributions.
Terms of payment: up to thirty years for the payment of expropriation. Did not include adjustments or interest.
Also expropriated the existing water in the national territory, it never paid such expropriations. Today the waters are national property for public use.
Another important topic, set the domain property or gifts from the state on all mines. This means that the State becomes the owner of all mineral deposits in an absolute, inalienable and indefeasible.
SIXTH LAW REFORM of the C.25 16 672 1967.
Re: increasing number of senators elected provincial groups came to 10 each chose five senators and also increased to 27 the number of departmental groups to elect deputies.
C.25 SEVENTH LAW REFORM FOR THE YEAR 1970 17 284 .- It is the most substantial reform or deep to the Constitution of 1925, this reform is to restore presidentialism in Chile.
First group: those that widening the participation of the nation’s political process.
Second group: those that seek to streamline the legislative function.
Third group: establishing mechanisms for resolving conflicts of power. He joined the plebiscite and the Electoral Tribunal .-
F irst major reform
Are lowered requirements for citizenship in Chile. Suffrage in the beginning imminently sensitario own aristocratic republic, not democracy.
Universal suffrage is established as of January 23, 1970.
“Chileans,
-Over 18 years
-Enrolled in voter registration
Under rule 1833 Constitution, citizenship 0.4% of the population is part of the electorate and in 1964, 30% of the population and in 1970, is extended substantially.
Second Reform Group .-
There is series of amendments to 25 letter regarding legislative function basically the evolution of the institution of reforms tends presidential regime with a presidential system, is to incorporate powers to the executive, one of them sharply, institutionalized DFL institution before became markedly unconstitutional, for it to end this bad practice, this function of Congress to delegate to the President of the Republic, is institutionalized.
It is a universal phenomenon and also because of excessive legislative plethora, that is a pointless discussion in Congress without coming to a swift conclusion.
He presented to the President of the Republic the exclusive power to introduce bills on public spending and provisional, and comes second initiative to present bills set to private sector wages.
“Another rule to streamline the executive branch, this is related to elimination of miscellaneous laws on legislative matters that are outside the main project by way of the information .-
Current Section 69 in force: any project
-Calls are incorporated joint committees: aimed at reaching a consensus on the differing positions of both houses of Congress.
“It sets a deadline of 10 days for the President of the Republic to enact a bill and 15 days for publication., In order to fill a constitutional vacuum.
Article 75 now … should always be enacted.
It regulated the urgency to seek the office of a bill.
“Stuff that was upgraded president and ministers of state can leave the country. Before unregulated. It states that the president can not leave national territory without the consent of Congress for more than 15 days. (Corridos), if he is absent in the last three months before leaving office. And as ministers of state were absent for more than 10 days, gave permission to the Chamber of Deputies. In C. 80 does not require anyone’s permission.
Third Reform Group:
Those that provide mechanisms for resolving conflicts between executive and legislative powers. Constitutional Court is created and otherwise incorporates the plebiscite.
Contitucional Court: It was created as another mechanism to resolve legal disputes that arise between the political executive and the congress, with regard to the enactment of laws where there is doubt as to the constitutionality of provisions contained in the bills are before Parliament. It is established in order to ensure control of the constitutionality of laws in Chile following the universal trend, establishing the five-member body. These are designated as follows: three of them are appointed by the President of the Republic with the consent of the Senate and two appointed by the Supreme Court from among its members. (Today is incompatible, the members of Supreme Court Constitutional Court can not integrate first constitution contemplates the Austrian Constitution of the twentieth century).
Plebiscite: It empowered the President of the Republic to consult citizens through a plebiscite every time a draft constitutional amendment submitted by him is totally rejected by Congress or when totally or partially reject the comments that the Head of State has made . Assuming that the constituent power belongs in a democracy the people and that it is called to pronounce his last word when its representatives, the president of the republic and Congress fail to reach agreement on the reform of the constitution or that it contains observations that the Head of State has incorporated. It is incorporated in order to strengthen citizen participation, representative democracy itself. In large countries, participation is much more representative, item exchange, etc..
REFORM OF THE EIGHTH C. 25 17 398 LAW REFORM materialized in the January 9, 1971.
Known in the history of Chile, as the Covenant or the Statute of Constitutional Guarantees of democratic guarantees.
STATUTE OF WARRANTIES DEMOCRATIC .-
It has two basic ideas:
1 .- To establish an effective collateral and incorporated in the charter that will maintain the rule of law.
2 .- As an instrument through which to expand, modernize and develop the personal rights of the people.
Among these ideas we can say that there are:
a) .- Provisions on suspension and loss of citizenship, for that matter merges into art. 8, Articles 8 and 9 of the 25 C, for practical item to keep the numbering, and makes a correction language .-
b) .- Provisions on the Recognition of personal and social rights and explained to date.
“In this matter raises a constitutional status to the political parties. They are recognized as legal persons of public law and are recognized its objectives. Therefore political parties of the time must be met in a democratic way to determine national policy. Unlike current constitution defines the political parties and states that the goal is to intervene in a democratic way to determine national policy, its primary objective is to achieve power, but attend to the development of a democratic regime. They enshrine the right to organize themselves internally as they see fit. Define and modify their statements, their program content and its agreements on specific policies. Nominate candidates for popular elections. Keep secretariats of propaganda, media, allowing you to develop their own activities and utilize the media in the manner prescribed by law.
“With respect to freedom of opinion, it develops and modernizes this fundamental right in that it encompasses modern media such as radio and television. It is a guarantee of pluralism of the democratic system is granted the right to those who feel offended anybody mentioned information or to request clarification or correction for and is granted exclusively to the state and universities the right to maintain television stations in national status of social media
“As session law legal status amounted to the exercise of right of assembly, before this reform Meeting Law was regulated by the regulatory powers of the President of the Republic by decree, which gave financial regulation of this right to police regulations. Now that will be provided by law, today becomes a way of decree.
He explicitly recognizes the Freedom of Education, is modernizing its exercise, establishing compulsory primary education.
He expressly incorporates the inviolability of correspondence including voice communication inviolability.
“It enshrines freedom of work and their protection, to free choice of the latter with a fair remuneration. Workers can choose freely, and sindicarlizarse right to strike.
“It expressly stipulates freedom of movement or ambulatory, is delivered to the law and not to police regulations as was previously the regulation of this guarantee.
“It expressly recognizes the right to health and social security. (Now speaks to health protection in C 80, 19 No. 9)
“It expressly confers on individuals the right to participation in community organizations or citizen (mother centers, neighborhood). Are recognized intermediary bodies that are between the family and the State are fundamental in the organization of a society.
c) .- Provisions on enforcement.
It defines the concept of forces. It regulates for the first time in history, rising to
constitutional status. And speaking of armed forces and police, are considered public force is not considered the others. (Now the police forces and Research, as an exception in electoral processes in line with Constitution, involving the armed forces)
Features of this Forces:
• 1 .- are essentially professionals.
• 2 .- are hierarchical
• 3 .- are disciplined
• 4 .- obedient
* 5 .- deliberative not (can not question orders or gather in groups to carry out their tasks) .-
REFORM OF THE NINTH C. 25. 17 420 is embodied by the law of March 31, 1971.
Errors are corrected, it had not repaired the Section 104 require that apart from the age required to read and write. For elementary logic should have replaced when it was lowered to 18 years of age and extended suffrage to the illiterate. So to avoid this contradiction to the constitutional provision was modified. This modification is done to correct what is stated in the seventh reform of 1970.
REFORM OF THE TENTH C. 25 July 16, 1971, Law 17 450 .-
It is known as the reform that embodies the nationalization of the large copper mining. Notes: That all wealth or natural resources of the country consisting of mining, guano deposits (deposits of guano), metal-bearing sands, salt mines, coal and hydrocarbon deposits, provides that the State has the exclusive freehold inalienable and all mines, (19, Nro.24 inc. 6 current constitution).
Copper mining company nationalized all companies with a production of 75,000 tonnes per year. Chuquicamata, El Salvador and the Exotic. All three belonged to the company Anaconda Company, and the CIA. Company Kenecot owner of El Teniente, both American. The nationalization expropriation unlike falls on a generic resource for goods given activity, however expropriation or body lies a-kind.
Another difference in the expropriation is complete and prior compensation must be paid after all and quite, and the nationalization provides that compensation must be adequate, according to the State. In this case the Americans were all paid between 74 and 78, determined by International Tribunals.
This distinction is found in the book Theory of Nationalization of Bulgarian Konstantin Katzarov.
April 18, 2007
Military Coup
Note: From the point of view of the authors distinguish between revolution and coup and coup within the military coup and coup classified, a classification is debatable.
Military Coup: Where there is an action cohesive, unified action of all the armed forces.
Coup: The insurgents claim in principle to change only the government can then implement policy and legal changes
We understand that both concepts, coup or military takeover
is summarized in the concept of institutional breakdown, 1973, as institutional breakdown, 1924.