Omar Bennett
Chile, officially the Republic of Chile, is a country in western South America. It is a representative democratic republic with a strong unitary and centralised state power structure. The President of Chile serves as both head of state and head of government, and exercises executive power with their cabinet. Legislative power is vested in the government and the two chambers of the National Congress, while the judiciary operates independently of the executive and legislative branches. The current constitution of Chile, approved in 1980, has been amended several times since its implementation in 1981. This article will explore the key features of Chile's constitutional framework and examine whether it can be characterised as a constitutional monarchy.
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What You'll Learn
Chile is a representative democratic republic
Chile's government is a representative democratic republic, where the President of Chile is both the head of state and the head of government, within a formal multi-party system. The executive power is exercised by the President and their cabinet, while the legislative power is vested in the government and the two chambers of the National Congress. The judiciary operates independently of the executive and legislative branches.
The Constitution of Chile, approved in 1980 during the dictatorship of Augusto Pinochet, was amended in 1989 after Pinochet was voted out of office. The amendments simplified the process for future changes to be made. In 2005, President Ricardo Lagos signed constitutional amendments into law that reduced presidential terms to four years with no immediate re-election and eliminated appointed senators and senators-for-life.
Chile's political history has seen a struggle for power between different governing branches, including a period of near-anarchy after gaining independence from Spain in 1818. The country has experienced an autocratic republic (1831-1861), a liberal republic (1861-1891), a parliamentary era (1891-1925), a presidential era (1925-1973), and a military regime (1973-1990) before transitioning to a democratic republic.
The country's first long-lasting constitution was written by conservative forces leader Diego Portales, establishing a strong central government led by the chief executive. Over time, there has been a push for more democratic practices and social reforms, with the emergence of multiple political parties and coalitions.
In recent years, there have been calls for a new constitution to replace the one created during the Pinochet dictatorship. Protests in 2019, driven by income inequality, inadequate social services, and a lack of personal liberties, led to an agreement to replace the existing constitution. A referendum was held in April 2020, asking voters if they wanted a new constitution and who should write it.
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The Chilean Constitution of 1980 is the current in-force constitution
Chile is not a constitutional monarchy. While the country is a democracy, it does not have a monarch, constitutional or otherwise, as its head of state. The current constitution of Chile, known as the Political Constitution of the Republic of Chile of 1980, was drafted during the dictatorship of Augusto Pinochet. It was approved and promulgated under Pinochet's regime and was ratified by the Chilean citizenry through a referendum on September 11, 1980.
The 1980 Constitution replaced Chile's first long-lasting constitution, which was written by conservative forces led by Diego Portales in 1829. Portales, who became the de facto ruler of Chile, established a strong central government dominated by the chief executive. The 1980 Constitution was amended for the first time in 1989 and took effect on March 11, 1990, with the return to electoral democracy.
The 1980 Constitution has been controversial due to its association with Pinochet's dictatorship. In 2005, under Ricardo Lagos's presidency, a large amendment was approved to remove some of the less democratic dispositions, such as senators-for-life and the armed forces' warranty of the democratic regime. However, there have been continued calls for a new constitution to replace the one created during the dictatorship. In 2019, following violent protests and widespread discontent with the government, lawmakers agreed to replace the 1980 Constitution.
In 2020, a plebiscite approved drafting a new constitution, and delegates to a Constitutional Convention were elected by popular vote. However, the first proposed constitution was rejected by voters in a referendum in 2022. A second proposed constitution was drafted, but it was also rejected in a referendum in December 2023. Following this outcome, President Boric stated that there would not be a third referendum, effectively guaranteeing that the 1980 Constitution would remain in effect.
The 1980 Constitution outlines various rights, responsibilities, and procedures for the government and citizens of Chile. It grants citizens the right to vote, eligibility to hold positions subject to popular voting, and other rights. It also establishes procedures for elections, plebiscites, and the registration in the electoral register. Additionally, it addresses matters such as discrimination, work regulations, and the role of union organizations and their leaders.
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Chile's government is a multi-party system
Chile is a representative democratic republic with a multi-party system. The President of Chile is both the head of state and the head of government, and exercises executive power with their cabinet. Legislative power is vested in the government and the two chambers of the National Congress. The judiciary operates independently of the executive and legislative branches.
The Chilean political system has a long and complex history. Chile gained independence from Spain in 1818, which was followed by a period of near-anarchy. In 1829, conservative forces led by Diego Portales took control of the country, and Portales became the de facto ruler, writing Chile's first long-lasting constitution. This established a strong central government led by the chief executive.
During the 19th century, the president presided over a gradual institutionalization of representative practices and an expansion of suffrage. This period saw the emergence of a multi-party system, with the two main groupings being the Pipolos (liberals) and the Pelucónes (conservatives). The Pelucónes held power from 1831 to 1861, during which time the prevailing political system was one in which the President chose their successor.
In 1891, a brief civil war broke out between different governing branches, which was won by congressional forces, leading to the establishment of a parliamentary republic. In the 1880s, the Liberals split into two factions: the moderates, who were willing to compromise with the Conservatives, and the radical Liberals, who joined the Radical Party.
Chile transitioned from dictatorship to democracy in the 1990s, and the current Constitution of Chile was approved in a national plebiscite in 1980 during the military dictatorship of Augusto Pinochet. After Pinochet was voted out of office in 1988, the Constitution was amended to simplify the process for future amendments.
In recent years, there have been protests and social outbursts in Chile due to high levels of income inequality, inadequate social services, and a lack of personal liberties. In 2019, a plebiscite was held that defined the drafting of a new constitution through a Constitutional Convention. In 2020, Chileans voted in a referendum on whether to draft a new constitution and who should write it.
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The President of Chile is the head of state and government
Chile is not a constitutional monarchy. It is a republic where the President is both the head of state and the head of the government. The President of Chile is officially the President of the Republic of Chile and is responsible for both government and state administration. The President is one of the most prominent political offices in the country and is considered crucial to the country's political stability.
The role and significance of the President of Chile has evolved over time. The current constitution, adopted in 1980, prohibits the President from serving consecutive terms and mandates a four-year term. Previously, the President served a six-year term. The shorter term allows for synchronized parliamentary and presidential elections.
The President of Chile is elected by popular vote. If there are more than two candidates in the presidential election, and none of them obtain more than half of the votes, a second election is held between the two candidates with the highest relative majorities. The candidate with the majority of valid votes in the second round is elected President.
The President of Chile has significant powers, including appointing judges to the Supreme Court and the Court of Appeal, and three members to the Constitutional Tribunal. The President also plays a crucial role in addressing civil and criminal matters, as well as shaping the country's foreign policy and relations with other nations.
Chile has had a diverse range of presidents throughout its history, with Michelle Bachelet being the first female president, serving from 2006 to 2010 and again from 2014 to 2018. The current president is Gabriel Boric, who took office in March 2022. Boric has faced several challenges during his presidency, including social unrest and violent protests, and criticism from opposition parties.
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Chile's legal system is civil law-based
Chile, officially the Republic of Chile, is a country in western South America. It is a representative democratic republic, with the President of Chile serving as both head of state and head of government. The judiciary operates independently of the executive and legislative branches. Chile's legal system is civil law-based, primarily founded on the Civil Code of 1855, derived from Spanish law. This code is influenced by European law, specifically the Roman Corpus Juris Civilus, also known as the Body of Civil Law, which was compiled under the Byzantine Emperor Justinian I between AD 528 and 565.
Civil law systems are characterized by laws that are systematically organized into written codes. The primary source of authority in civil law is legislation, particularly codifications found in constitutions or statutes enacted by governments. Custom is recognized as a secondary source. In Chile, the civil law system means there is no obligation to follow precedent, and judgments of a higher court can be appealed to the Supreme Court if there is an erroneous application of the law. This allows for uniform decisions in controversial legal matters.
The Chilean Constitution, approved in a national plebiscite in 1980 during the military dictatorship of Augusto Pinochet, has undergone several amendments. Notably, in 2005, over 50 reforms were passed to eliminate undemocratic elements, such as non-elected senators and the President's inability to remove the Commander-in-Chief of the Armed Forces. Chile's transition to democracy has been a complex process, with the country experiencing periods of political polarization, coups, and dictatorships in the 20th century.
The Chilean legal system includes various types of laws, such as civil, criminal, criminal procedure, and tax law. The Courts of Chile address civil and criminal matters, with the Supreme Court being the highest judicial body. The President plays a significant role in the judicial system, appointing judges for the Court of Appeal and lower courts from a list of nominees provided by the respective higher courts. Additionally, public entities operate through administrative procedures, providing citizens with opportunities to present evidence and exercise appeals.
In recent years, Chile has made significant reforms to its laws, including the introduction of a Civil Union Agreement in 2014 and the legalization of same-sex marriage in 2021. These reforms reflect the country's efforts to promote equality and address discrimination. Overall, Chile's civil law-based legal system has evolved over time, adapting to the changing social and political landscape of the country.
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Frequently asked questions
No, Chile is a representative democratic republic, in which the President of Chile serves as both head of state and head of government.
A constitutional monarchy is a form of monarchy in which the monarch exercises their authority in accordance with a constitution and is not the sole decision-maker.
Examples of constitutional monarchies include Malaysia, Cambodia, Liechtenstein, Monaco, Morocco, Jordan, Kuwait, and Bhutan.
