Jonah Patel
Chile's constitution has been a topic of debate in recent years, with protests and calls for a new constitution. The country has a long constitutional history, with the first long-lasting constitution written in 1829 by conservative forces led by Diego Portales, who became Chile's de facto ruler. The most recent constitution was drafted in 1980 under the military dictatorship of Augusto Pinochet and has been amended several times since. In 2022, a proposed Political Constitution of the Republic of Chile, drafted by a democratically elected constituent assembly, was rejected by a margin of 62% to 38%. This proposal included explicit acknowledgments of historically marginalized groups and a shift towards a welfare state model. While some Chileans sought to replace the 1980 constitution, others were satisfied with amendments to the existing document.
| Characteristics | Values |
|---|---|
| Date of the first constitution | 1818 |
| Writer of the first constitution | Diego Portales |
| Date of the second constitution | 1925 |
| Date of the third constitution | 1980 |
| Writer of the 2022 proposed constitution | Constitutional Convention of Chile |
| Date of the 2022 proposed constitution | 4 July 2022 |
| Result of the 2022 plebiscite | Rejected by a margin of 62% to 38% |
| Date of the 2023 proposed constitution | 2023 |
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What You'll Learn
Chile's 1980 Constitution
The 1980 Constitution was drafted by the "Ortúzar Commission," formally known as the "Commission for the Study of the New Political Constitution of the Republic of Chile." This commission was established by the military government junta and headed by Enrique Ortúzar Escobar, who had served as Minister of Justice and Foreign Affairs under the previous administration. The commission met from September 24, 1973, to October 5, 1978, and its members were hand-picked by the Pinochet dictatorship, deliberately excluding opponents of the regime.
The 1980 Constitution was ratified by a controversial referendum on September 11, 1980, which has been questioned due to allegations of irregularities and fraud. The vote was held under restrictions, without electoral registers, and the government used radio and television commercials to campaign for a "yes" vote. While 69% of the population reportedly voted yes, the referendum was denounced by hundreds for its irregularities. The new constitution came into effect in a transitory regime on March 11, 1981, and entered full force on March 11, 1990, with the return to electoral democracy.
Since its promulgation, the 1980 Constitution has been amended multiple times. The first amendment occurred in 1989 through a referendum, followed by further amendments in 1991, 1994, 1997, annually from 1999 to 2001 and 2003, annually from 2007 to 2015, and every year from 2017 to 2021. The most recent amendments pertained to the constituent process of 2020-2022.
In recent years, there have been recurring calls for the replacement of the 1980 Constitution with a new, democratically drafted constitution. In 2020, a national referendum approved the drafting of a new constitution, and a Constitutional Convention was elected in May 2021 to undertake this task. However, the proposed constitution was rejected by voters in the 2022 Chilean constitutional referendum by a margin of 62% to 38%. A second proposed constitution was also rejected by voters in December 2023, ensuring that the 1980 charter would remain in effect.
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The 2022 proposed Political Constitution
Chile's 2022 proposed Political Constitution was drafted by the Constitutional Convention, a body specifically elected for this purpose. The Convention was composed of 78 men and 77 women, making it the first constituent assembly in the world to achieve gender parity. The Constitutional Convention included 59 lawyers and 7 law students, as well as 20 professors, 9 engineers, and 5 journalists. Six members were concurrently serving in the National Congress, and 9 were former government officials.
The proposed Constitution sought to replace the 1980 Chilean Constitution, which was promulgated during the military dictatorship and has been amended several times since the return to democracy. The 2022 proposal was drafted between July 4, 2021, and July 4, 2022, with an early draft made available on May 14, 2022. The final proposal was released on July 4, 2022, and a national plebiscite was held on September 4, 2022, to determine whether the public agreed with the new Constitution. However, it was rejected by a margin of 62% to 38%.
The proposal was significant as it was the first Chilean constitution drafted by a fully democratically elected constituent assembly. It represented a departure from previous constitutional frameworks, with provisions for gender parity and the representation of indigenous peoples in the drafting process. However, it is important to note that the proposal was subject to debate and criticism, and its impact would have depended on its implementation and interpretation.
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The Constitutional Convention
Chile has had several constitutions in its history. The most recent attempt to replace the 1980 Chilean Constitution with a new constitution was in 2022. This was preceded by a period of social unrest and protests, with people "tired of the cost of living, price increases, the level of salaries, the quality of health, the amount of pensions, among others". In response to these protests, the Chilean government called for a new Constitutional Assembly to write a new constitution.
The 2022 proposed Political Constitution of the Republic of Chile was drafted by the Constitutional Convention, a body specifically elected for this purpose. The elections for the Chilean Constitutional Convention of 2021 were held on May 15 and 16, 2021, to select members tasked with drafting the new constitution. The Constitutional Convention was composed of 78 men and 77 women, making it the first constituent assembly in the world to achieve gender parity. It also included provisions for the representation of indigenous peoples in the drafting process, a significant departure from previous Chilean constitutional frameworks.
An early draft of the 2022 proposed constitution was made available on May 14, 2022, and the final proposal was released on July 4, 2022. A national plebiscite was held on September 4, 2022, to determine whether the public agreed with the proposed Constitution. However, it was rejected by a margin of 62% to 38%.
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Chile's first constitution
Chile's first long-lasting constitution was written in 1829 by conservative forces led by Diego Portales, who was the de facto ruler of Chile at the time. The constitution established a strong central government dominated by the chief executive and, for most of the nineteenth century, the president presided over a gradual institutionalization of representative practices and the expansion of suffrage.
The period following Chile's independence from Spain on April 5, 1818, was marked by near-anarchy. Portales' conservative forces succeeded in asserting control over the country in 1829. The Portales constitution was followed by a period of growing challenges to executive authority by the political parties sitting in the National Congress. This struggle for power escalated into a brief civil war in 1891, which was won by congressional forces and paved the way for a parliamentary republic.
Chile's next constitution was adopted in 1925, in the midst of instability and discontent generated by the First World War and related events such as the collapse of the nitrate export trade, the articulation of new political ideologies, and the rise of the labour movement. Parliamentary democracy had been discredited, and new and radical parties flourished on both the left and right sides of the political spectrum. The 1925 constitution largely followed the classical liberal and democratic lines of its predecessor, thus allowing for institutional continuity, while also codifying several significant changes. These included the separation of church and state, recognition of workers' right to organize, a promise to care for the social welfare of all citizens, and an assertion of the state's right to infringe on private property.
In 1973, a military junta composed of the heads of the Army, Navy, Air Force, and national police led a coup to overthrow the Allende government, alleging constitutional violations, and imposed military rule. The junta appointed a commission to craft a new constitutional order, leading to the 1980 constitution. This constitution has been described as a "dual constitution" containing "transitional" and "permanent" articles. The transitional articles applied during the period of military rule under Pinochet, while the permanent articles were intended to create a "protected" democracy with a permanent tutelary role for the military and a prohibition on certain persons, parties, and groups from participating in politics. The 1980 constitution has been amended several times and was replaced by a new constitution in 2023.
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The 1925 constitution
The current Chilean constitution, which was written in 1980 during the military dictatorship of Augusto Pinochet, is now set to be replaced following the 2022 Chilean national plebiscite. This will be the country's first constitution drafted by a democratically elected body, and it aims to address long-standing social and political issues and set a new course for the nation. However, the focus here is on the 1925 constitution, which played a significant role in shaping Chile's political landscape before being superseded by the 1980 constitution.
The political climate in Chile during the 1920s was highly volatile, with frequent changes in government and a series of military interventions. The 1924 military coup, led by General Altamirano, resulted in the toppling of President Arturo Alessandri and the establishment of a junta government. However, this junta proved to be short-lived, as General Altamirano was forced to step down due to pressure from the public and the emergence of a popular movement led by Marmaduque Grove and Carlos Ibáñez del Campo, who sought political and social reforms.
During this tumultuous period, President Alessandri, who had initially fled the country, returned and was instrumental in the drafting of the new constitution. The 1925 Constitution introduced significant changes to the political system, including the establishment of a unicameral legislature, the increase of presidential powers, and the creation of a separate Constitutional Tribunal to interpret the constitution and resolve constitutional disputes. It also incorporated social and economic rights, reflecting the influence of progressive ideas circulating in Chile at the time.
In summary, the 1925 Constitution of Chile was a pivotal document that shaped the country's political trajectory for much of the 20th century. It emerged from a period of political turmoil and reflected the aspirations for democratic reform and social progress. While it underwent changes over time, its enactment marked a significant step toward establishing a more stable and responsive political system in Chile.
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Frequently asked questions
Chile's first long-lasting constitution was written in 1829 by Diego Portales, the de facto ruler of Chile at the time.
The Portales constitution established a strong central government dominated by the chief executive. It also institutionalised representative practices and expanded suffrage.
Chile's next constitution was adopted in 1925, in the midst of instability and discontent generated by the First World War.
The 1925 constitution largely followed the classical liberal and democratic lines of its predecessor, thus allowing for institutional continuity. However, it also codified a number of significant changes, including the separation of church and state, recognition of workers' right to organise, a promise to care for the social welfare of all citizens, and an assertion of the state's right to infringe upon private property.
