|

POLITICAL
INSTITUTIONS

Chile is a unitary republic and democratic State.
The State is composed of three independent powers and various
autonomous institutions:
• Executive
• Legislative
• Judicial
• Other Institutions
The Executive
The President is both the Chief of Government and the Head of State. He or she oversees the government and its administration. The President is elected to a four-year term in a direct election and must receive a majority of the votes cast. If more than two candidates run for the office of president, and none receives a majority of the votes, a run-off election is held between the two who received the largest pluralities. The President cannot be reelected to a consecutive second term.
The Executive has the power to introduce bills and promulgate laws; to call plebiscites; to submit constitutional amendments; to appoint Cabinet members, Ambassadors and regional authorities (no Senate approval is required); the Comptroller General of the Republic (with the consent of the Senate); the Supreme and Appellate court judges (from slates submitted by the Supreme Court); and to appoint and remove the Commanders in Chiefs of the Armed Forces. In addition, the President conducts international relations and assumes the position of Commander in Chief of the Armed Forces during a war.
The Legislative
The Chilean National Congress is bicameral; it has a Senate and a Chamber of Deputies.
The Chamber of Deputies consists of 120 directly elected members, two for each of the 60 electoral districts defined by the law. The entire Chamber of Deputies is elected every four years. Candidates must be at least 21 years old, have completed secondary education, and have resided for two years in the district they wish to represent.
The Senate consists of 38 members elected to represent the 19 senatorial districts. In general terms, senatorial districts are equivalent to the thirteen administrative regions, but the six most populated regions are divided into two senatorial districts. Each senatorial district elects two Senators, whose seats are up for election at the same time. Senate elections for alternate districts are held every four years.
Senators are elected for eight-year terms, must be at least 35 years old and have completed secondary education.
Both the Chamber of Deputies and the Senate are currently controlled by two political coalitions, one representing the government and the other the opposition. For more information: Historical Electoral Results
The Judicial
The Judiciary administers justice independently from the other branches of government. The highest tribunal is the Supreme Court, made up of 20 members, one of whom is elected President by his peers every three years. In addition, there are appellate, civil and military courts.
In 2000 far-reaching reforms were introduced to the system of justice, which had not been structurally modified since the mid-19th century.
The most significant transformations involve the criminal courts. In the past, judges were responsible for investigating as well as handing down rulings. The reform has created the Office of the Prosecutor, an autonomous body (independent of the three branches of State) dedicated to public criminal prosecution. Its attorneys have the power to investigate crimes, direct and coordinate the various police forces in the investigation process, and to prepare and serve indictments before the criminal courts when necessary. More information on judicial reforms can be found here.
For additional information about the Judicial Branch visit www.poderjudicial.cl.
Other Institutions
Other important Chilean organizations are the autonomous institutions. These include the Central Bank, the Comptroller General of the Republic, the Constitutional Tribunal, and the Electoral Tribunal. The autonomous institutions maintain the balance between the branches of government, and particularly over acts of the Executive. This is of special importance in a strong presidential system such as Chile’s.
The Central Bank of Chile was created in 1925 to monitor the printing and circulation of currency. In 1989, the Central Bank was given additional technical functions and granted autonomous status. Today, it is primarily responsible for monetary policy. The Council of the Central Bank consists of five members appointed by the President with Senate approval. The President of the Bank is appointed by the President of Chile from among the Council’s members for a five-year term. Members of the Council serve for ten years, and cannot be removed during this time.
The Comptroller General of the Republic oversees the legality of administrative acts. It also controls government investments and expenditures. The President of the Republic designates the Comptroller, with Senate approval, for a term of eight years.
The Constitutional Tribunal main function is to prevent the adoption of unconstitutional laws. The tribunal consists of ten members appointed by different branches of the State: the Supreme Court (3), the President of the Republic (3), and the Congress (4). Members of the Constitutional Tribunal serve eight-year terms, with half of them up for reappointment every four years. The Tribunal ensures the constitutionality of laws, interprets the Constitution and presidential decrees, settles disputes regarding the constitutionality of specific laws, resolves conflicts of power and declares the unconstitutionality of organizations, parties, or political movements.
The Electoral Tribunal is an independent institution which organizes and controls the elections, resolves electoral disputes, and announces election results. The Tribunal consists of five members selected by the Supreme Court and the Senate. Three members must currently be serving as judges or have served as such; one must be an attorney selected by the Supreme Court; and the fifth member must have served as President of the Senate or of the Chamber of Deputies. Positions on the Electoral Tribunal last four years.
The Chilean Armed Forces consists of the Army, the Navy and the Air Force. Forces of Order include Carabineros (uniformed police) and Investigaciones (civil police). The Commanders in Chief of the Armed Forces and the General Director of the Carabineros are selected by the President of the Republic from among the five most senior officers within their respective branches.
|
|