Constitutional Court of Chile

Palace Guard of the Gendarmerie of the Constitutional Court.

The Constitutional Court of Chile is a judicial body of the Chilean State, a collegiate court, autonomous and independent of any other authority or power, whose main function is to control the constitutionality of laws. It is made up of ten members, called titular ministers, one of whom is its president, and two substitute ministers.

Originally created by a constitutional reform to the Fundamental Charter 1925, of January 23, 1970, it was dissolved by Decree Law No. 119 of November 10, 1973, issued by the Military Government Junta. The 1980 Constitution restored it as a national constitutional body, being substantially modified through the 2005 constitutional reform.

The Court can only exercise its jurisdiction at the request of persons and legitimate constitutional bodies, or ex officio, in accordance with the Political Constitution of the Republic and the respective constitutional organic law. There is no appeal against its resolutions, without prejudice to the fact that the same Court may, in accordance with the law, rectify the factual errors that may have been incurred.

Since 2015, it has been operating at Calle Huérfanos No. 1234, commune of Santiago, in the building of the former Caja de Crédito Hipotecario. Between 2001 and 2012 it occupied Casa de Velasco, and then moved temporarily to corporate building of Apoquindo No. 4700, in the Las Condes commune, while the necessary adaptations were made for its final headquarters.

Functions

Provisioria headquarters of the Constitutional Court from 2012 to 31 August 2016.

According to the Constitution of Chile, the functions of the Constitutional Court, since 2005, are the following:

1. To exercise control over the constitutionality of interpretative laws, of some precept of the Constitution, of the constitutional organic laws and of the rules of an international treaty that are related to matters of their own before their promulgation. The Congress of Chile will send the same in the five days after its promulgation.
2. Resolve on questions of constitutionality of the orders granted by the Supreme Court of Chile, the Courts of Appeal and the Qualifying Court of Elections at the request of the President of Chile, of either of the Chambers of the National Congress of Chile or of ten of its members. It may also require the Tribunal any person who is a party to trial, when affected in the exercise of his or her fundamental rights in accordance with the provisions of the respective self.
3. Resolve questions on constitutionality arising during the processing of bills or constitutional reform and treaties submitted to the approval of the Congress on the request of the President of the Republic, of either of the Chambers or of a quarter of the parliamentarians.
4. Resolve the questions raised about the constitutionality of a decree with force of law at the request of the President.
5. Resolve on the constitutionality of a decree or resolution of the President of the Republic that the Comptroller General of the Republic has represented for estimating it unconstitutional, when required by the President.
6. Resolve on the constitutionality of supreme decrees.
7. Resolve the questions raised regarding constitutionality regarding the call for a plebiscite, without prejudice to the powers corresponding to the Qualifying Court of Elections, if required by the Senate or the Chamber of Deputies.
8. To resolve, by the majority of its members in exercise, the inapplicability of a legal precept whose application in any management that is followed before a regular or special tribunal is contrary to the Constitution.
9. Resolving, by a majority of the four fifths of its active members, can resolve the unconstitutionality of a legal precept declared inapplicable in accordance with the provisions of the previous numeral.
10. Resolve claims in the event that the President of the Republic does not enact a law when he or she must do so or promulgate a different text that is constitutionally appropriate.
11. To inform the Senate that this corporation declares the inability of the President of the Republic or of the President-elect when a physical or mental handicap disqualifies him for the exercise of his duties or to declare the origin or improperity of the reasons that originate from the resignation of the President of the Republic.
12. Declaring the unconstitutionality of political organizations and movements or parties, as well as the responsibility of persons who had participated in the events that motivated the declaration of unconstitutionality, in accordance with article 19 of this Constitution. However, if the person concerned is the President of the Republic or the President-elect, the said declaration will also require the Senate agreement adopted by the majority of its members in office.
13. Resolve competition disputes between political or administrative authorities and the courts of justice, which do not correspond to the Senate.
14. 

    Sello del Tribunal Constitucional de la sede provisoria en la Casa de Velasco, que fuera su sede entre 2000 y 2012.
    Resolve on the inability of a person to be appointed Minister of State, remain in such office or perform other functions simultaneously. It will also rule on the inability, incompatibility and causes of cessation in the office of parliamentarians.

Election system

From the constitutional reforms of 2005, the other powers of the State were assigned greater capacity in the appointment of the members of this court, which came to be made up of:

• 3 members elected by the Supreme Court by secret ballot;
• 3 members appointed by the President of the Republic;
• 2 members elected by the Senate (by 2/3 of the members in office);
• 2 members proposed by the Chamber of Deputies and confirmed by the Senate (for 2/3 of the members in exercise, in both instances).

The ministers of the Constitutional Court must meet certain requirements: they must have practiced law for at least 15 years, have excelled in professional, university or public activity and have no impediment that disqualifies them from being judges.

The ministers last 9 years in their positions and are renewed by partialities every 3 years. They are immovable in their positions. The position of minister of the Constitutional Court is incompatible with the mandates of deputy or senator.

Until before the 2005 reform of the 1980 Constitution, the Constitutional Court was made up of 7 members (who are treated as ministers). They were ministers of the Constitutional Court, 3 ministers of the Supreme Court (chosen by itself, by an absolute majority of its members, in successive and secret ballots), 1 lawyer appointed by the President of the Republic, 1 lawyer elected by the Senate (by absolute majority of the senators in office), and 2 lawyers elected by the National Security Council.

Current composition

Historical list of incumbent ministers

Presidents of the Constitutional Court

Alternate ministers

Alternate ministers (since 2009)

The substitute ministers of the Constitutional Court attend to integrate the plenary session or the chambers in case the respective quorum is not reached to meet, according to the order of precedence established by public lottery. They have the same hierarchy, powers and regulations as regular ministers. His function is part-time, receiving a monthly salary equivalent to fifty percent of that of a titular minister.

They are the only members of the Constitutional Court whose appointment is made through public competition, and that three branches of the State participate. According to its constitutional organic law, every three years, in the corresponding month of January, two substitute ministers must be appointed who meet the requirements to be appointed as a member of the court. Substitute ministers are appointed by the President of the Republic, with the agreement of 2/3 of the Senate, choosing them from a list of seven people proposed by the Constitutional Court, after a public competition for background information, based on objective, public, transparent and non-objective conditions. discriminatory.

Historical list of substitute Ministers

Member lawyers (1981-2009)

The figure of member lawyers was maintained until 2009, when it was replaced by that of substitute ministers, through Law No. 2.0381, of October 28, 2009.

In accordance with the constitutional organic law of the Constitutional Court, in the event of the absence of its members that prevents the required quorum from being formed (due to serious impediments, such as implication or cessation of office), the Court could complete the number of necessary members to meet with member lawyers.

These were jurists who had to have the same requirements to be a minister of the Court; so that the seriousness of the Court's decision is not, a priori, affected. However, the Constitution itself did not provide for the existence of these members, nor indeed the possibility that they be appointed by authorities other than those that are normally empowered to designate titular ministers. It is the Court that decided definitively and irrevocably on these issues, it has never felt unable to hold sessions with the help of these lawyers.

It is the Constitutional Court itself that appointed its member lawyers, through successive secret ballots, and by absolute majority. Five positions had to be filled, according to an order of precedence (which influences the way in which they will integrate the Court if necessary). There hasn't been much variation throughout history regarding the names of these special judges. On occasions, some of these member lawyers have become regular ministers of the Court.

List of member lawyers