Understanding State Organization and Administrative Functions in Chile
The Purpose of Law
Law exists in various forms, such as laws, politics, the constitution, and decrees. The mission of law is to regulate how we live together in society, giving some rights (to active agents) and imposing obligations (on taxable subjects).
State Organization
From an organizational standpoint, the modern concept of the state functions by speaking to those who have added some others.
Legal Rights
Rights and obligations stem from positive law. For example, I have the right to go to Valparaiso.
The Administrative Function
This is delivered to the President of the Republic (PR) and, from a functional standpoint, is classified into:
Sub-function of Government
It is a public authority to rule on a power of decision, one that can enforce this injunction. It includes everything that has as its object the internal public order and external security of the nation. It also includes the power to make discretionary orders.
Sub-function Administration
This is a set of powers aimed at compliance with laws and decrees, purporting the development, condition, and operation of public services. Chile is aware that it is a developing country and is classified into national, provincial, regional, and communal levels.
National Government
This includes the President of the Republic, Ministers, Deputy Secretaries, Seremis, Mayors, Governors, and Public Services.
Ministers
They are direct employees of the President of the Republic.
Source: Article 33 of the Political Constitution and Article 22 of the Organic Constitutional Law on the General Basis of State Administration.
They are appointed by the President and remain in office as long as they have the President’s confidence.
Requirements:
- Be Chilean
- Be 21 years old
- Have passed basic education
Functions:
- Propose and evaluate development policies in their sector.
- Study and propose rules for their industry.
- Evaluate the rules already given in their sector.
- Attend meetings of the Chamber of Deputies and the Senate when dealing with laws relating to their sector, particularly when the President sends a bill.
- Organize their public services sector.
Secretary
The Secretary is the direct collaborator of the Minister, appointed by the President of the Republic. Their functions include:
- Coordinating the organs and public services of the sector.
- Acting as a notary for the Minister.
- Serving as the administrative chief of the Ministry.
- Allocating resources for the sector.
- Drafting the budget.
Seremi
The Seremi is the Minister’s representative in the region. It is a territorial devolution of the Minister. They are appointed by the President and have the same requirements as the Minister.
Functions:
- Assign resources to the public services sector.
- Draft the budget.
Centralization
Centralization is the act of taking powers from different bodies and granting them. This decentralization can be functional or territorial. For example, MIDEPLAN Valparaiso.
Devolution
Devolution is a form of administration by means of which the law gives a decision to a subordinate organ of a higher authority. This concentration can be territorial or functional.
Territorial Devolution
The law delegates the powers of the Minister to the region’s Seremi. The Seremi is the representative of the Minister in the region.
Functional Devolution
The law strips the President of the Republic of a function. This is a case of Independent Public Services (IPS).
Public Utilities
A public utility is an administrative organ designed to meet collective needs on a regular and continuous basis. Public utilities are responsible for administrative organs meeting collective needs regularly and continuously. They shall be under the supervision of the President of the Republic or through the respective ministries.
Functions:
- Specific executive functions.
- Lead, organize, and administer the corresponding service.
- Control.
- Ensure compliance with its objectives.
- Answer for its management.
- Fulfill other duties established by law.
The great mission of public services is to transform policies into development plans and projects of the ministries.