Constitutional History of Chile: From Patria Vieja to 1833
Constitutional History of Chile (1811-1833)
Constitutional Regulations of the Patria Vieja (1811-1814)
1. Provisional Regulation for the Executive Authority of Chile (August 14, 1811)
Background: Drafted by the First National Congress due to concerns over the composition of the executive authority. The Congress also attempted to draft a constitution, but was unsuccessful.
Executive: Provisional Executive Authority composed of 3 members.
Effect: Rivalries between the provinces of Santiago and Concepción, along with successive military coups by José Miguel Carrera (September 4, November 15, and December 2, 1811), led to the dissolution of Congress and the end of this regulation.
2. Provisional Constitutional Regulation (October 26, 1812)
Key Articles:
- Art. 1: Acknowledged the King but established a governing board in the capital.
- Art. 2: Representatives would form the constitution.
- Art. 5: No order from outside Chilean authority would be valid within Chile.
Background: José Miguel Carrera assumed power as Provisional Supreme Authority on December 13, 1811. A new constitutional text was prepared under his rule. On August 12, 1812, the Interim Governing Board appointed a commission for this purpose.
Approval: October 26, 1812.
Effect: Lost effect due to the Spanish invasion and defeat at Talcahuano.
Abrogation: Officially declared by the Governing Board on October 6, 1813.
3. Provisional Government Regulations (March 17, 1814)
Background: After the defeat at Talca, the Governing Board resigned and appointed Francisco de la Lastra as Supreme Director. He mandated a provisional regulation within 24 hours.
Executive: Supreme Director with an 18-month term, renewable with the agreement of the council and municipality.
Legislative: Senate of 7 members chosen by the Supreme Director, serving two-year terms.
Effect: Remained in effect until the Disaster of Rancagua on October 1-2, 1814.
Anarchy (1823)
1. Provisional Organic Regulation (1823)
Executive: Interim Governing Board of 3 members.
2. Organic Regulation of the Union of the People and Acts of Chile (March 30, 1823)
Preparation: Freire dismissed the board in Santiago and formed a junta of plenipotentiaries to choose the executive.
Approval: By the board of Plenipotentiaries.
Executive: Supreme Chief.
Legislative: Conservative Senate chosen by the legislature and city councils.
Judiciary: Independent of the Executive.
Effect: Freire convened Congress to draft a new constitution, leading to the Constitution of 1823.
3. Constitution of December 29, 1823 (Moralistic Constitution)
Preparation: Congress, convened by Freire, created a drafting commission.
Approval: By Congress under the Supreme Director.
Executive: Supreme Director with a 4-year term, directly elected and eligible for re-election with a 2/3 majority vote. Included 3 Ministers of State and an advisory council.
Legislative: Bicameral: Senate and Conservative Legislature. Senate composed of 9 members serving 6-year terms and eligible for re-election. Legislature enacted and enforced laws and oversaw citizen morality. National Chamber: Composed of national representatives elected by parties, with 1/8 renewed annually. Only convened when there was disagreement between the Director and the Senate.
Federal Projects (1826-1828)
4. Federal Constitution and Federal Laws Project (1826-1827)
Enforcement: The Senate could repeal or suspend laws if not agreed upon by the national government. Article 276 allowed for discussion of exemptions by the Chambers under certain circumstances, which was done with the Constitution itself.
Effect: Until January 10, 1825.
5. Liberal Constitution (August 8, 1828)
Submissions: Vice President Pinto preferred a government consultation system with a unitary vote. Elections were called for a primarily pelucona (conservative) Congress. Congress formed a committee that drafted and approved the project.
Approval: Approved by Congress on August 6 and promulgated by Pinto on August 8.
Executive: President of the Republic indirectly elected for a 5-year term, not eligible for immediate re-election. Must be a Chilean citizen for at least 30 years. A Vice President replaced the President if needed. Article 72 outlined the process for electing the President and Vice President in Congress.
Legislative: Bicameral Congress:
Camara de Diputados: directly chosen by reason of 1 in every 15,000 per alma and fractions of not less than 7 thousand. Duraban 2 years and podían be reelected.The Chamber of Senators: asambleas chosen by the provincial by reason of 2 for each province (to be 8 times in the provinces creadas Federalism resultaban 16 senators in total), 4 years and is duraban Half renovaban by each bienio.
Commission Permanente: In Chapter 8 is an organ in charge of velar creaba by the observance of the Constitution and fiscalizar to the government, while not sesionaba the Congress. Estaba built by one senator for each province (8 total). This organ is called the direct predecessor Conservative Committee, which would be created with the letter 1833.
Judicial: It is a hierarchical structure encabezado by the Supreme Court composed of 5 ministers and a prosecutor, uponshe estaban las Cortes y Jueces appeal for peace and first instance.
Form mendthe Constitution: In accordance to Article 133: The year 1836 is convened by the Congress togreat convention, with the unique and exclusive object in reforming or Adicionar esta Constitución, which is that it immediately disolverádesempeñado Hague. An Act determines the particular mode of proceeding, that number componga, and incidentally circumstances.
Effect: oficialmente was repealed with the dictación the Constitution of 25 May 1833.
Constitution of 25 May 1833.
Legislative: Camara de Eriksson, elected in Direct rating by departments, and fractions 1×20.000 almas no less than 10,000. Duraban 3 years in charge, reelección indefinitely.
Senate: Seriana chosen by 20 per rating indirectly by electors chosen by triple on No. MEMBERS, Duran 9 years in charge, by renovandoce tercios.
Concervadora Commission: 7 Senators chosen by velaba by the observance of the Constitución.Actuaba in receseso of Congress.
Executive: President of the Republic chosen by popular rating sufragio indirectly (by electors 2nd Grade) proclaimed by Congress quien le note mainly absolute, but the congress of the SELECT 2 that the majority tengan respectively. Last 5 years and can be re-elected for the period following.
Council of state: Organocompuesto by designados por miembros de la Republica Pte. It was only advisory.
Judicial: Supreme Court Courts ordinarios encabezados fear, Court of Appeal, JUDGES letrados. Are independent.
Reform: a) show the Debian Project for reform with the support of a quarter of the members ofChamber of origin. b) The quorum to approve the reform initiative was the two tercios each Chamber.c) The legislature aprobaba initiative is limitaba declared reformables one or more preceptos constitutional, but meant that?guardarse until the next renewal of the Chambers, with the object in a second Congress practicase reform.
d)
This reform meant to have its origin in the Senate.
Cosntitucionales Reglamentos de la Patria Vieja.
1 – Fix REGLAMEpNTO FOR THE EXECUTIVE AUTHORITY OF CHILE Provisory 14 August 1811.
Preparation: Building the First Congress was Nacional.No SIGNED BY THE exaltados by desconformidad the compositions of the executive authority was afraid of everyone to form a santiago.Elcongreso Comición drafting a Constitution which is unsuccessful.
Executive: Executive Authority Provisory of 3 members.
Effect: The rivalidades between the provinces of Santiago and Concepcion y los golpes militares sucesivos of José Miguel Carrera, 4 September, 15 November and 2 December 1811 in this last chance is disolvio Congress and seal the governing regulations.
2-The Provisional REGLAMENTO CONSTITUTIONAL of 26 October 1812.
Art.1 (The king will do .. but its name aceptara our Constitution govern the board established in the capital Gubernativa Higher, “which had three members that would last three years in their charge.) Art.2 hara is the fear constirucion respresentantes them. Art 5 (No Order, Providence u orden, emanating from anybody outside the authority or courts will have due on any territory of Chile, who tried them and giving them value, shall be guilty of such castigados State “(article 5 ‘)
Background: On December 13, 1811 asumió José Miguel Carrera as Supreme Authority Provisional.Durante feel nuevamente su gobierno se hizo prepare a report of the constitutional text. On 12 August 1812 the Board Interim Government Commission designates a special effect.
Aprobación: 26 October 1812.
Effect: Effect Pierde course of the Spaniards in their defeat against invación in Talcahuano.
The abrogation of the Regulation was declared by the Corporation Board meeting on 6 October 1813.
3 – Regulations GOVERNMENT FOR 17 March 1814 Provisional
Background: With the POWER Talca This is the power to put together. The council opened the pide disclaims Gubernativa of Chile, and the Board appoints the Director as the Supreme Francisco Lastra. This mandate a reglamento provicional title within 24 hours.
Executive Director Supremo duraba that could be re-elected with 18 month agreement of the council and the municipality.
Legislative: Senate of 7 members chosen by the Director by the Supreme duraban and two years.
Effect: Until the disaster of Rancagua, 1 and 2 October 1814.
Anarchy:
1 – Organic provicional Regulation 1823
Executive: Government Interim Board of 3 members.
2 – Organic Regulation of Unión del Pueblo y actos de Chile on 30 March 1923.
Preparation: Freire deconoce board and driving in Santiago. It forms a juntade plenipotentiaries to choose the executive.
Approval: For the board of Plenipotentiaries.
Executive: Jefe Supremo
Legislative: Senate Concervador chosen by the legislator and city halls.
Judiciary: Independent Executive.
Effect: Freire comboca to Congress for another elbaorar Constitucion. For both harsh letter to the 23.
3 – Constitution of 29 December 1823 or moralistic.
Preparation: Congress creates a combocado by Freire Comición editor.
Approval: by the Congress by the director encabesado supreme.
Executive Director Supreme lasts 4 years in charge can be directly elected in reelejido by rating them 2 / 3 of the Sufragios. 3 Ministers of State and a Cosejo only advisory.
Legislative: bicameral: Senate and Conservative legislator: duraban composed of 9 members to 6 years in charge and podian reelected. Legislaba and Enforcement cuidaba of the laws and the citizens of moralidad.
National Camera: Integrated renovaban by national consultants that he 8vs parties each year. Solo habia be met when the Director desacuerdo between S and the Senate.