Understanding Legal Decrees in Chile: Enactment and Publication
Punishment, Enactment, and Publication
Once all previous steps have been completed, the President of the Republic approves and enacts the law. It is then an order to be fulfilled as the law of the Republic and is published in the official gazette. The promulgation is made through a Presidential Decree, which mandates compliance as the law of the Republic and its publication.
Between the sanction and promulgation, the Comptroller reviews the constitutionality and legality. If it is approved, it is sent to the official newspaper for publication. The general principle is that it begins to be enforced and is presumably known to all, but there are exceptions.
- Legal Vacancy: This is the period between publication and entry into force. It is established in very exceptional cases, usually when the law establishes a new legal system. For example, the law mandating the creation of family courts was published in 2004 but came into force in October 2005.
Decree Laws
These are legal rules established by de facto governments or, indeed, before the cessation of functions of Congress. When, for whatever reason, the country cannot wait until conditions return to normal, the executive takes over this power and legislates. This legislation is usually done by decree laws. In our country, there have been three periods in history when decree laws were issued:
- Between September 1924 and June and July 1925, where about 800 decree laws were enacted (after Alessandri’s fall).
- Between 1931 and 1932, when the first government of Carlos Ibáñez del Campo fell, about 800 decree laws were also issued.
- Between September 11, 1973, and March 10, 1981.
Even when the decree laws are irregular, in practice, the three periods when they have been issued have subsequently been expressly or implicitly recognized.
Decrees with Force of Law
These are legal rules established by the executive through the form of decrees, which relate to matters within the law and are pursuant to a delegation of authority previously made by the National Congress. The origin of this institution goes back to France in the first half of the 20th century, when the French National Assembly, due to the various currents existing there, was impeded from legislating on important matters that required legislation. Congress delegated that authority to the executive in order to proceed with the function of legislating. This practice was shifted to other countries, including Chile. By the year 1930 or 1932, the National Congress began to use the practice of delegating executive power to legislate on certain matters by the issuance of decrees having the force of law.
The 1925 Constitution did not say anything about it; it did not contemplate the existence of decrees having the force of law. Therefore, these would be illegal. This legal practice caused much controversy. Every so often, committees of experts were formed to discuss the subject without coming to fruition. Years passed, and decrees with the force of law continued to be issued on important matters, especially in economic matters. Finally, in 1970, an amendment to the 1925 Constitution was issued, which finally ruled on the institution of decrees with the force of law. When the 1980 Constitution was dictated, it was decided to keep the institution of decrees with the force of law.