Chilean Presidential Election and Powers: An Overview

Posted on Nov 19, 2024 in Law & Jurisprudence

Chilean Presidential Elections and Powers

The Electoral System

Chile’s electoral system, established by the 1980 Constitution (CPR), is a two-round system, also known as a double-shift system. This replaced a previous system that allowed a candidate to win the presidency with less than a majority of the electorate.

Key Features:

  1. Elections are held 90 days after the end of the previous president’s term.
  2. A candidate wins with an absolute majority of valid votes (blank and null votes are not counted).
  3. If no candidate achieves an absolute majority in the first round, a second round is held between the two candidates with the most votes.
  4. The Electoral Court (TRICEL) oversees the elections, validates the results, and proclaims the winner.
  5. The second round, if necessary, takes place 30 days after the first, on a Sunday.
  6. Ninety days after the final election, Congress officially recognizes the TRICEL’s proclamation, and the President-elect is sworn in by the Senate President.

Presidential Succession

Inability to Take Office

If the elected President is unable to take office, the process differs depending on whether the impairment is absolute (e.g., death, resignation) or relative (e.g., temporary illness, travel abroad).

  • Absolute Impairment: The Vice President assumes the presidency and, within 10 days, calls for new elections.
  • Relative Impairment: The President of the Senate acts as interim President. If unavailable, the President of the Chamber of Deputies, and then the President of the Supreme Court, assumes the role.

Temporary Disability During Term

In cases of temporary disability, the order of succession is determined by law, starting with the Minister of the Interior. The President can modify this order by decree. If all ministers are unable to serve, the President of the Senate, followed by the President of the Chamber of Deputies, and finally the President of the Supreme Court, assumes the role.

Permanent Disability During Term

If the President becomes permanently disabled during their term, the Vice President takes over and calls for new elections. If less than two years remain in the term, Congress elects a replacement President. If more than two years remain, a direct popular election is held.

Former Presidents

Former Presidents enjoy parliamentary immunity and a lifetime parliamentary allowance. However, if a former President takes a paid public office, the allowance is suspended until they leave that office.

Legislative Powers of the President

The President plays a significant role in the legislative process, acting as a co-legislator with Congress. The President has the power to:

  • Initiate legislation (present bills to either chamber of Congress).
  • Enact and publish laws.

Legislative Initiative

The President and individual members of Congress have the right to introduce bills. The chamber where a bill is first introduced is the “house of origin,” and the other chamber is the “revising body.” There are specific exceptions where certain bills must originate in a particular chamber:

  • House of Representatives: Budget bills, tax bills, and military recruitment bills.
  • Senate: General pardon bills and amnesty bills.

Exclusive Legislative Initiative of the President

Certain matters are under the exclusive legislative initiative of the President, including:

  1. Financial management and budget.
  2. Political and administrative divisions of the country.
  3. Armed forces, law enforcement, and public safety.
  4. Matters related to public debt and financial liabilities of the state.
  5. Creation and elimination of public services.
  6. Setting salaries and benefits for public officials.
  7. Collective bargaining in the public and private sectors.
  8. Social security.

Congressional Powers on Presidential Initiatives

Congress can approve, reject, or modify bills initiated by the President. However, for bills under the President’s exclusive initiative, Congress can approve, reject, or decrease but not increase proposed spending.

Law Matters and the 1980 Constitution

The 1980 Constitution aimed to define the scope of legislative matters more precisely than the 1925 Constitution, which had a less clear definition, leading to areas of legislative uncertainty. The 1980 Constitution attempted to establish a “maximum legal domain,” explicitly listing the matters that could be addressed by law. However, some ambiguity remains, particularly regarding matters of common law.