1980 chilean constitution what type of democracy was it




















It is the first constituent assembly with guaranteed parity between men and women, as well as minimum guaranteed representation for Indigenous people. A significant number of the representatives elected to the constitutional convention pledged to support strong social services, greater equality, and labor rights. Chile has the opportunity to take social rights seriously in this exciting new political process.

Still in force today, and despite multiple reforms, the constitution contains a number of difficult procedural requirements, such as preventive constitutionality control by the constitutional court, or supermajority requirements in both chambers, particularly insurmountable with the anti-proportional electoral system in place until These authoritarian enclaves made it difficult when not impossible for left-leaning governments to bring about law and policy changes, let alone progressive constitutional amendments.

The constitution is also the embodiment of the neoliberal model: It prioritizes private property and a market-driven economy, but it does not guarantee education, healthcare and social security for those in need. The constitution only recognizes the freedom to choose between different providers, for example, in relation to health and social security, but it does not ensure a minimum content for these rights; the right to education and the right to a healthy environment are not justiciable, and the right to adequate housing is nowhere to be found.

Under the constitution, social rights are not a matter of public service; they are instead tradable goods only available to those who can afford them. And affordability is unevenly distributed as a result of high levels of inequality. Despite economic growth in recent decades, Chile has one of the highest rates of income inequality in the OECD, both in terms of income and wealth distribution, as well as one of the lowest rates of public spending.

The fairness of a constitution depends on the extent to which human rights, including social rights, are enshrined in it, with proper accountability for public authorities. At the same time, the democratic legitimacy of a constitution depends on the extent to which the opinions of those most affected by it are taken into account.

In a democracy, only when participation is open, transparent, and meaningful, do citizens have reasons to see a constitutional settlement as their own, even when they may not necessarily agree with everything it says. Three are appointed by the President, four are elected by National Congress, and three are elected by the Supreme Court. Members serve 9 year terms, partially renewed by threes, and may only serve one term.

Members of the Tribunal are irremovable unless they reach 75 years old. Battle of Maipu - Chile defeated the Spanish and declared independence.

Period of near-anarchy ensues. Diego Portales leads a conservative reaction against the political instability and brokers a constitutional compromise between factions within the oligarchy. War of the Pacific with Peru and Bolivia - Chile expands its land area and gained mineral deposits.

Civil war between executive and legislative factions of government results in a reduction in presidential power and the rise of a parliamentary republic.

Military coup led by army commander-in-chief Augusto Pinochet - the military takes complete control of public affairs and suspends all political activity. State Council, consultative body created by the military government, reviews draft constitution. Public feedback solicited but participation kept to a minimum. Plebiscite held on appointment of the junta's candidate Pinochet as President for eight years percent of voters vote to elect a new president and a democratic Congress.

Constitutional negotiations between opposition parties, parties in support of the military government, and the government itself.

Several amendments made to the Constitution to reduce military influence in the political process. BBC News. Chile: Democratic at Last. The Economist. Web 15 Sept. Hudson, Rex A. Montes, J. Sacaan, Soraya. Newsletters Subscribe. Back to country selector.

Executive The executive branch is headed by the President of the Republic, who serves a four year term and is not eligible for consecutive re-election. More news. Executive President of the Republic Appointment Elected by direct universal suffrage for a 4 - year term. Powers Head of State Commander in Chief of the Armed Forces Convokes a plebiscite in specified cases Appoints and removes members of the government, including Ministers of State, governors, and ambassadors Appoints magistrates and judicial attorneys, on the proposal of the Court and the agreement of the Senate Grants pardons where there has been a final sentence and the defendant was not condemned by the Senate Maintains political relations with foreign powers; treaties must be submitted to Congress for approval.

Removal Upon death Upon resignation Upon physical or mental impediment to fulfilment of duties. Ministers of State Appointment Appointed by the President. Powers Implementation of government policy May take part in Congressional debates but may not vote. Removal Upon death Upon misconduct Upon resignation Upon removal. Legislative Chamber of Deputies Appointment Direct universal suffrage for four year terms.

Powers Initiates impeachment proceedings for the President, Ministers of State, magistrates of the superior tribunals, generals or admirals of the armed forces and government officials Adopts agreements or suggests observations to the President Summons a Minister of State for questions related to his responsibilities must have an absolute majority to call the same minister more than 3 times within a calendar year Creates special investigatory commissions to gather records concerning specific acts of the Government.

Removal Upon death Upon misconduct Upon resignation. Senate Appointment Voted through universal suffrage for 8 year term renewed alternately every four years.

Powers Acts as jury in impeachment proceedings Approves acts of the President Accepts or rejects presidential resignation; declares the incapacity of the President Confirms nomination of ministers and judicial prosecutors of the Supreme Court and the National Attorney. Judicial Courts Appointment Supreme Court ministers;the Court selects 5 nominees, from which the President chooses one minster, approved by the Senate Court of Appeal: appointed by the President from a list of three nominees from the Supreme Court Other Courts: judges appointed by the President from a list of three nominees from the Court of Appeals of the respective jurisdiction.

Powers Trial of civil and criminal cases Tribunals cannot excuse themselves from their authority, even in the absence of applicable law. Constitutional Tribunal Appointment 10 members: 3 appointed by the President, 4 elected by the National Congress, 3 elected by the Supreme Court 9 year terms, partially renewed by threes May not serve more than one term. Powers Determines constitutionality of laws, treaties, court decisions, organizations, and political parties Resolves complaints that the President should have promulgated a law or should have implemented a law differently according to the Constitution Resolves eligibility of government officials.

Though Roa may feel out of place in the assembly, her membership in the body of 77 women and 78 men is emblematic of its makeup and the participatory spirit of the movement that started during the estallido surge , as the protests are known, which in turn led to a referendum for a new magna carta, after the current one became a focus of the protests.

The results of the May elections for the assembly saw unprecedented outcomes, with delegates from the traditional ruling elite swept aside by political independents. Young progressives, Indigenous people and scientists campaigned successfully on diverse issues including gender, access to natural resources and environmental protection.

Despite its return to democracy in , Chile has remained a highly patriarchal country, and the Catholic Church wields strong influence in policymaking.

In , a year after the MeToo movement erupted in the U. The momentum flowed into the protests challenging inequality. We want to create a different relation between the state and society. There has been a disconnect in Chile for too long. What assembly members like Roa aim to do is very different from the country's current political system. The protests saw thousands arrested, and some have languished in jail for over a year without conviction.



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