Chilean Political System: Congress, Impeachment, and Senate Powers
The President must sign the order made by the President. Finally, they must worry about the effective implementation of policies, laws, and regulations of public services, which depends on each ministry. Do not forget that the ministers, from the moment they sign a decree, compromise their liability, both criminal and administrative. In addition, they are politically accountable to the President, who at any time can remove them. This is very subjective, as it may be not only acting illegally, but due to inexperience or poor performance, being anything causal loss of confidence. Regarding the liability of ministers, if an individual considers that a particular action of a Minister of State, acting as such, was the victim of unfair prejudice that is not required to bear, this particular individual may well sue civilly (Article 53 N° 2), but first, he must get the Senate to declare that it gave rise to the lawsuit.
National Congress: Chapter V CPR: Our Congress is bicameral, that is historically and since the formation of O’Higgins, 1822. Both chambers share with the President the legislative function to develop, issue, and maintain in force the law. Each chamber has certain exclusive powers. Article 52 refers to the deputies and the Senate Article 53. In terms of the organic part, it is noted that the Chamber of Deputies has 120 members, having 2 for each electoral district, which includes several communes. According to the Law of Votes and Ballots, there are a total of 60. Instead, the Senators are in total 38 and are chosen at 2 Senators from each senatorial district, which is generally equivalent to a region geographically. However, there are exceptions of 6 regions, each being divided into 2 divisions: V, RM, VII, VIII, IX, and X. In total, there are 19 constituencies.
Requirements for Deputy and Senator: Article CPR 48 and 50: To be a deputy: (1) Citizens entitled to vote (2) Over 21 years (3) Have completed high school or equivalent (4) Have at least a residence of at least 2 years in the region it belongs to the constituency. To be elected Senator: (1) Citizens entitled to vote (2) Over 35 years (3) Have completed high school (4) The reform of 2005 eliminated the requirement of residence for the Senators.
Electoral system by which elected: Binomial majoritarian system, it is stipulated in the constitution, CPR is responsible to the law establishing it. Advantage of the system: This system manages to avoid making political multiparty grouped into two blocks to the group parties: Coalition and Alliance, striking a balance. This system is called binomial because according to this for each electoral district and constituency are elected deputy and 2 counts of 2, Senator. It also calls for the majority political party or electoral pact that achieves more than twice as many votes you get the match or agreement that remains in votes in the relevant constituency or district gets all the charges, leaving representation to all other political forces in that district or constituency. On the other hand, if no party or agreement achieves more than twice the votes, then the charges are shared between the parties or covenants that have obtained the two highest majorities. Drawback of the system: According to this system can give the following anomaly: (1) A party or covenant not get double gives the same representation as that received only half. (2) If two parties or covenant get the two majorities each list takes office and within these takes the responsible for those candidates who obtained the greatest number of individual preference. (3) If a tie is resolved through a draw that takes place in the selection board of elections. (4) It might happen that one of the charges take him a game or agreement but that the second a tie between the votes of lists, in this case, is also solved by a solemn public draw and the selection board of elections.
Exclusive powers of the Chamber of Deputies: Article 52 CPR: It has two unique functions: oversee government actions and initiate an impeachment or impeachment. Oversee the government’s actions: Check the action of an authority from a legal standpoint. Check and weigh and consider the authority’s performance from a merit standpoint of performance, opportunity, or convenience. (Opportunity is if performed at the time that it was for the convenience involves assessing whether the performance meets or not the interest of society) Therefore, control means to evaluate from the legal standpoint and from the merit, timeliness, and convenience. When we speak of acts of government speech of the President and the authorities from which it depends. The camera exercises this control in the following ways: (1) Traditional Way: It has always been on the CPR of 80 and even that of 1925. Is that the Chamber of Deputies by a majority of the members present may adopt resolutions or transmitting observations suggest writing to the President of the Republic so that it gives you an answer. Of course, these comments contain a criticism of some government action. Faced with these observations or agreements, the President alone assume an obligation: issue a response and send it to the House in writing by the responsible Minister. For this is a period of thirty days. For monitor must be aware, so the CPR provides that any Member with the support of 1 / 3 of the disputed present, may request reports from governments. These reports refer to acts that will be subject to audit. Against this the President must send a response within thirty days and through the responsible Minister. In this way, the provisions have already been explained, the CPR has been concerned that a warning is also valid for the two tracks we’ll see. (As is common to the three tracks where concerns in the traditional one, is inadequate, but at the time of warning was the only way was the traditional. The reform of 2005 displayed the other two approaches). It applies to the other two pathways by logical deduction, since Chile has a presidential system. Note: The events, which oversees the Chamber of Deputies, agreements, and observations, never bring political accountability to Ministers. This means that as the ministers of state depend on the confidence of the President of the Republic and not the confidence of the Congress, Ministers of State need not resign as a result of these criticisms, the Chamber of Deputies. Confidence can be lost for many reasons that are of any type. (2) Track II: The House of Representatives with the support of one-third of the members in office, may summon a Minister of State to ask questions (or interpellations) about events or actions relating to his ministry: (A) The Minister is obliged to go and answer the questions. (B) You can not cite more than three times a year unless the majority of Members in the exercise agreed quote him once more. (C) Carries no penalty to the Minister. (D) Speaks of appealing to the Minister. This term is designed to parliamentary system, are questions that make him a Minister of State as part of the cabinet. If the answers of the Minister does not like to questioners may propose a parliamentary vote of censure, which if approved by the Minister is dismissed, or the entire cabinet, depending on who conducted the vote. (E) But it is not If our system. The Minister has no penalty. However, if the Minister or irregular nonsense replies that Congress could interpret that constitute crimes or political crimes may be put in place mechanisms for assent. (Eg may terminate). (3) Way of the Constitution of a Commission of Inquiry: The Chamber of Deputies at the request 2 / 5 of the members in office may appoint a committee of Inquiry into some act of government. This committee is empowered to summon any officer, including the ministers of state. (A) All mentioned are required to attend. (B) The record requested the Chamber to be delivered. (C) May be cited including personal of state enterprises, or personal safety of those in which the state has increased participation. (D) Can not be cited three times by the commission unless the majority of the commission decides to cite more than tripled.
Initiate an impeachment or impeachment: The doctrine does not like the name of impeachment, preferring the impeachment, because he makes the mistake that is to determine the political responsibility of government members who are accused. When performing an impeachment sought political responsibility of the accused. Not sought to submit his resignation for having lost the confidence of Congress. When instructed or substance an impeachment is to give effect to: Direct your administrative responsibility eIndirectamente civil and criminal responsibilities. In the chair is not interested in the distinction of the name. Bascuñán Alejandro Silva argues that impeachment is called because the substance was a political body, is initiated by the Chamber of Deputies and the Senate finished. Elements impeachment: (1) Initiation of Impeachment: We start by at least 10 deputies or more than 20 deputies. No more than ten to maintain the seriousness of the matter and over 20 so they do not understand that the decision is made before hand. (2) For whom: Individuals and grounds for impeachment are set to CPR. (A) The President of the Republic: Since seriously compromised the honor or safety of the open nación.YPor breach of CPR and the law. (B) Ministers of State: Have seriously compromised the honor or seguridad.Infracción of CPR or laws, or for having left without implementing legislation. For crimes of bribery, embezzlement, treason and, Burnout (mean illegal exaction, illegal charges, without legal justification) (C) The above ministers of righteousness: for significant dereliction of duty (Supreme Court, Court of Appeals, Court of Military and Naval Court) (D) The Comptroller General of the Republic: For significant dereliction of duty. The remarkable neglect of duty is serious or repeated breach of duties or prohibitions inherent and denote by clear and flagrant disregard for the achievement of the aims of the institution. Could the House of Representatives impeach the fact that he failed bad a judge of a superior court of justice? 1. Those who argue that it is possible to argue that if a political body as Congress may judge to a judge of a superior court of justice (technical agency) because he issued a ruling evil would destroy the principle of judicial independence enshrined in art. 76 CPR. There is also a reason to text, art. 76 inc. 1, says that neither the President of the republic or the Congress may in no case exercise judicial power, achieve lawsuits pending reopening closed cases or review the substance and content of judgments. 2 .- On the other hand, those who hold the position that Congress could very well start a political process because art. CPR 76 which prohibits is to review the rationale and content of decisions and review is that the word from a technical standpoint procedural means to modify or rescind a decision of a court, in this way, impeachment does not have this purpose, the decision is going to stay intact only seeks to punish those who made the award. However, the view has prevailed not be an impeachment against a judge if the substantial dereliction of duty claims to be based on the fact a judge has failed badly. The body has put this limit is the Senate since it is the term that gives the impeachment, the House of Representatives only the start. Background: The sharp drop can be found in the fact that a judge instead of engaging in judging is dedicated to making political activity, delay faults, because it owns a company that acquires goods at issue, that is, when they violate the duties and prohibitions by adjectives, not nouns. (E) Mayors or governors: You can also blame the mayors or governors for violating the constitution or the law and have committed any of the following crimes: embezzlement of public funds, Treason country, Concussion (collect improper or illegal exaction) Sedition (rebel against legitimate authority (F) General and Admirals of the forces of national defense can be charged with dereliction of duty notable. As for the commanders in chief, there is now the thesis that as the commander in chief also carries the rank of general, in this way can be accused of impeachment.
What time can bring a charge unconstitutional? (1) While exercising the office (2) If exercise has left within 6 months if the President and in other cases within 3 months. In this period of 3 or 6 months can only leave the country by the President or other officials charged with the agreement of the Chamber of Deputies. The accused officials other than the President only require the agreement of the Chamber of Deputies to leave if already initiated the charges against them, in contrast with the President is more vigorous and has been started or not can not be absent without authorization of the Chamber of Deputies. Role of the Chamber of Deputies: The Chamber of Deputies has a dual role in the impeachment: (1) Start the impeachment or impeachment by at least 10 deputies or more than 20 ( 2) To approve or reject the prosecution and indictment. This is because the charge is to attribute something to someone, such a violation, abuse of power, or crime. The House must decide whether to approve, will approve when they refuse to be serious and when it has no foundation. However, the Chamber of Deputies did not rule on the innocence or guilt of the accused, but is whether that allegation is serious or not, if given or not the accusation. To approve the prosecution is required: Majority of Members in the exercise if it is the President and the majority of deputies present for other officers. The effect of approving the charge: If the House approves the effect is that the officer is suspended from office (not lost) than the President of the republic who is not suspended in the exercise of office. Adopted by the prosecution, it must be completed before the Senate, which acts as a court, but not a court of D ° (to be formed by politicians) is a court that operates in consciousness, ie as a juror. The CS said that the Senate will decide at its discretion. The Senate’s role to judge, so you must decide the guilt or innocence. To convict needs a quorum of 2 / 3 of the members in office (if the defendant be president) or an absolute majority of Senate members in office (for the rest of the staff). Failure to achieve the quorum, the officer is supposed to not guilty. Effects of the sentence: (1) Loss of office (administrative penalty). You lose for not complying with the duties and prohibitions own office. (2) The convicted person is disqualified for 5 years to exercise any office is elected or not. This sanction seeks to avoid ministerial castling, which was abused during the time of the UP. (3) The person is available to the ordinary courts of justice in order to give effect to his eventual civil, criminal or administrative, in case exists. Who will determine if there is such responsibility are the courts, who have the final word. If the courts do not convict the officer by the absence of responsibility, also is not reinstated in office because he was tried and convicted by the Senate, which acts and court awareness.
Procedure according to which substance impeachment: It is established in the National Congress LOC No. 18,918. No less than 10 Members or more than 20 present the indictment. Presented the board shall appoint by lot a commission of 5 Members with the exception of the prosecutors and members of the board. Then he instructs the secretary of the Chamber of Deputies to report personally to the defendant within 3 days. The committee aims to study the indictment, the answer to the accusation by the defendant and must report to the Board regarding the acceptance or rejection of the prosecution. The defendant, from which you are notified, you have 10 days to answer the charge before the commission. The committee presented the response has a period of 6 days to issue its report to the House. It describes actions the commission that the accused is charged and referred to the answer to the accusation by the defendant. This report contains findings of fact and law will be developed with the advice of lawyers. The report ultimately recommends to approve or reject the accusation. It is a mere recommendation, as the House resuelve.Antes the House resolution regarding the acceptance or rejection, the defendant will have 1 alternative defense called the previous question. An incident of special preliminary ruling by which the defendant pointed out to the House that the invalidity of the indictment, on the grounds that there are no constitutional requirements to charge. Eg can argue that the indictment was not filed by more than 10 Members or less than 20, or that the charge is not filed within the time limits, or non-officials accused as a commander in chief, etc. If the defendant asserts the previous question, the House must resolve before it decides whether to accept or decline the acceptance. If the previous question are received, the case is closed. But if he rejects the House will have to decide whether it accepts or rejects the charge with the corresponding quorums. If the charge is approved, we must formalize the Senate within 3 days. The Senate must decide on the innocence or guilt within 30 days. If they do not resolve within 30 days of the defendant is considered not guilty. The formalization of the accusation before the Senate is made by 3 Members who appoints the House of Representatives (usually members of the committee itself.) This formalization is considered as a class, so that the Senate orders the relocation of this demand the defendant to answer it. Having answered the demand by the defendant, is being circulated in the reply to the accusers to replicate, and once they do the Senate gives the replica transfer of the accused to double. Then with all this information, decide on the guilt or innocence or guilt of the accused, with the vote. The impeachment is to make effective the political responsibility of the accused (as the officials do not depend on confidence Congress.) If impeachment is called for those who are political substantiate. The purpose of impeachment or impeachment is directly enforce the administrative responsibility of the accused (if he is removed from office and when you are disabled for 5 years for any public office) aims indirectly enforce the civil and criminal liability. A each official is accused of specific grounds. Generically, they are accused of having committed any offense to OJ or for having committed a crime or having committed any abuse of power.
Exclusive powers of the Senate are referred to in Article 53 of the CPR: Article 53 No. 1: to judge as a judge the innocence or guilt of an accused in political trials. Article 53 N º 2: the Senate must decide whether to give or not to place civil suit an individual to bring against 1 Minister of E º wrongful acts of the Minister of E º that have caused injury. Article 53 No. 3: If you were to occur a jurisdictional dispute between a political or administrative authorities, on the one hand, and a superior court, on the other, as one of the organs dispute that the other has no jurisdiction to make an act or because neither recognizes jurisdiction over an act confers jurisdiction each organ to another, this contention is resolved by the Senate. Eg a few years ago and on several occasions the comptroller has always claimed to know of the CA 1 resource protection have no jurisdiction to compel the comptroller to take account of a decree or resolution because it is a exclusive function of the comptroller. The Senate has resolved the conflict and says that the CA does not have the power of 1 application for protection when trying to compel the comptroller to make right. Article 53 N º 4: When a person loses his citizenship in accordance with the provisions of article 17 CPR, having been convicted of a crime of terrorism or crime of drug trafficking that merits distressing to regain citizenship, not simply serve the sentence but we need to ask the Senate to the restoration of citizenship. Art 53 N º 5 CPR: Examples of laws requiring the consent of the Senate: (1) The President. designates the controller to the 3 / 5 of the m. Senate. (2) Law of the National TV, the President appoints members of the Senate agreement (3) LOC BC: the directors are appointed by the President with the Senate (4) LOC electoral registration service Election: The Director is appointed by the President with the Senate. Emergency: Senate have 30 days to respond. If it says anything, it is understood that the Senate gives its consent to the President. Art 53 N º 6 CPR: That the President is absent within the last 90 days of its mandate, it needs approval of the Senate. Art 53 N º 7 CPR: Two powers: (1) When the President suffers a physical or mental impairment decide if you disable or not to take on the job or to continue