Chilean Constitutional Reforms: 1833-1925
1. The First Reform of the 1833 Constitution
During the government of José Joaquín Pérez, the reform of August 8, 1871, prohibited the immediate re-election of the president, establishing a five-year term. This significantly constrained presidential power, limiting long-term plans and projects.
2. The Reform of October 24, 1874: State Council and Conservative Commission
The State Council’s structure was altered, shifting it from an advisory body to one with greater control over presidential authority. The new composition included: a) President; b) Ministers of State (voice only); c) 3 directors elected by the Chamber of Deputies; d) 3 directors elected by the Senate; e) 5 directors appointed by the President (Supreme Court member, ecclesiastic, army/navy general, finance head, former Minister/diplomat/Mayor/Governor). This placed the President in the minority, making the Council an organ of pressure.
The Conservative Commission’s composition was also changed, adding 7 members elected by the Chamber to the existing 7 senators, increasing parliamentary representation. It gained the power to request extraordinary congressional sessions and review presidential actions, overseeing public administration.
3. Goals of the 1925 Constitution and their Impact on the Presidency
a) Goals:
- Shift from a pseudo-parliamentary system to a presidential regime, defining the powers of state branches.
- Establish freedom of worship.
- Incorporate social rights into the Constitution.
b) Impact on the Presidency:
- The President would be directly elected, eliminating second-degree electors, enhancing their political leadership.
- The presidential term increased to six years, maintaining the ban on immediate re-election.
- The President could freely choose and dismiss ministers, based on their exclusive trust.
- The President gained extensive legislative power, including exclusive initiative in economic matters, control over Congress, extraordinary sessions, and vetoes.
4. Overview of the 1904 Peace and Friendship Treaty with Bolivia
Signed in October 1904 (Germain Riesco’s government), the treaty recognized Chile’s sovereignty over territories occupied since 1884 (Antofagasta province). Chile built a railway between Arica and La Paz, paid compensation, and granted Bolivia free transit of goods (right of way), allowing Bolivia to establish customs in Antofagasta and Arica.
5. Genesis and Approval of the 1925 Constitution
Upon returning from Rome in March 1925, President Alessandri sought a constitutional amendment to end parliamentary excesses. Facing political divisions, he rejected reopening the dissolved Congress or holding new elections, opting for a faster reform process.
On April 4, 1925, a meeting of 108 citizens at the Palacio de la Moneda agreed to amend the Constitution. A Consultative Commission was appointed to advise on the National Constituent Assembly’s organization and functioning.
President Alessandri appointed two subcommittees:
a) Reform Subcommittee: To draft a constitutional amendment proposal for the Assembly.
b) Form Subcommittee: To determine the Constituent Assembly’s integration process. Fifteen individuals of diverse ideologies were named.
The Form Subcommittee held three undocumented meetings. The Reform Subcommittee, however, held thirty-three sessions, completing a draft constitution (“First Test of the Draft Amendment”), revising it after feedback (“second round”), and presenting it to the full Commission.