Chilean Government and Constitutional History: 1812-1980
Chilean Government and Constitutional History
Government
In a broad sense, government refers to the general policy of the state. It is the exercise of supreme power within the state. As the state is a political entity, it requires the intelligence of human beings to promote and materialize governmental power. These individuals who exercise state power are called organs of the state. They must follow the legal rules established in the constitution and state laws, which determine how to access that capacity, exercise the powers, and the period during which they may make them effective.
Government Function of the State: In a narrow sense, this expression of government is used to identify one branch of the organization and executive function. It occurs in parliamentary regimes or constitutional monarchies.
International Law
Divided into two branches:
- Public International Law: The basis of this knowledge lies in the principle of equality of states and their legal relations, outlining their duties and rights (e.g., border disputes).
- Private International Law: This branch deals with activities that occur outside the boundaries of a country or involve nationals of another country.
Constitutional History
1812
J.M. Carrera’s government faced silent protests when it appeared he intended to perpetuate his rule. This constitution contained 17 articles.
1822
Inspired by the Spanish Constitution of 1812, it was enacted by a constituent assembly convened by O’Higgins after breaking with the Conservative Senate established by the Constitution of 1818. This code did not achieve full implementation.
1823
Juan Egaña’s constitution maintained the division of state powers, established census-based voting, mandated the Catholic religion, and qualified individuals from a moral perspective. Supreme Director: Ramón Freire.
1826
Influenced by federalist ideas (J.M. Infante), it implemented popular elections for governors, town councils, and parishes, along with provincial legislative assemblies.
1828
This draft constitution established a government in the form of a popular representative republic, with the exercise of sovereignty delegated by the nation to authorities divided into three powers: legislative, executive, and judicial.
1833
Promulgated on May 25, 1833, it established independence between the legislative and executive branches. It granted the president greater powers, including the appointment and dismissal of ministers. Congress was given broad authority, including the power to accuse and censure officials for the exercise of their duties and to approve or withhold approval of the budget law.
1925
This reform of the Political Constitution, promulgated on May 25, 1833, included the creation of the Central Bank by decree-law. It stipulated that those born in Chilean territory, except for children of homeless individuals, could choose between the nationality of their parents and Chilean nationality.
1980
The governing board, formed by Augusto Pinochet on October 21, 1980, established as a fundamental principle that “people are born free and equal in dignity and rights,” with the family as the nucleus of society.
Judicial Power
Its function is to administer justice. Its principles are: independence, tenure, liability, territoriality, and free advertising.
Chile
Chile is a sovereign, unitary, democratic, and presidential republic.
Other Institutions
- Legislative: Sanction of legal acts and production.
- Congress-Executive: Determination, direction, and coordination of state politics and government.
- Comptroller: Comptroller General of the Republic.