Political Constitution of the Republic of Chile of 1833

The Political Constitution of the Republic of Chile drafted in 1833 is the constitutional text that governed the country for 92 years, until September 1925. It was promulgated and sworn on May 25, 1833. Between Its main editors are Mariano Egaña and Manuel José Gandarillas.

Drafting of the Constitution

The civil war of 1829-1830 began when Congress elected the candidate who had obtained the third majority as vice president. The newly promulgated constitution in August 1828 said: "Art. 72. In the event that no one obtains an absolute majority of votes, the Chambers will elect, among those who obtain a respective majority, the President of the Republic, and then the Vice President among those with the immediate majority." The provinces de Concepción and Maule, together with the southern army, ignored the election that Congress made for vice president, considering it unconstitutional.

In February 1830 the so-called Congress of Plenipotentiaries began to function, an extra-constitutional body, but agreed upon by both sides of the civil war, after the battle of Ochagavía in December 1829. This body of 8 individuals, it met until May 1831, with a representative elected by each provincial assembly, as a kind of "permanent commission" of a closing congress. He began by declaring "null and refractory to the constitution the last legislative chambers". He then appointed provisional president and vice president, who were to govern until the next elections, which were set for 1831.

The new regime found that the Constitution established a very special reform mechanism: "Art. 133. In the year 1836, a great Convention will be convened by Congress, with the sole and exclusive purpose of reforming or adding to this Constitution, which will be dissolved immediately after it has been carried out. A particular law will determine the way of proceeding, the number of which it is composed, and other circumstances."

In February 1831 the municipality of Santiago represented to the government the need to reform the Charter of 1828; which in his opinion should be carried out by the Congress that was about to be elected, and it was convenient for the citizens to authorize their representatives to carry it out. The government consulted this request to the Congress of Plenipotentiaries, which on February 22, 1831 ordered that the municipal agreement be printed and distributed to "the towns" (as it was said then), and the provincial assemblies that were going to elect senators, and the voters who were going to directly elect the deputies, were invited to express whether they authorized their parliamentarians to anticipate the date on which the constitutional convention was to meet. The government complied and the next congress was formally tasked with reforming the constitution.

In the elections of 1831, carried out in accordance with the rules of the current Constitution, a new Congress was elected, which took office on June 1; and electors of President and Vice President, who took office on the following September 18.

In accordance with the agreement of the Congress of Plenipotentiaries, the new congress approved the law of October 1, 1831, which was the law that the aforementioned article 133 provided for to proceed with its reform, except that 5 years before. He established that the great Convention would be composed of 16 deputies and 20 citizens of "recognized probity and enlightenment". These 36 conventional members had to be elected by the Plenary Congress, that is, the joint meeting of both chambers. The election of the members of the convention was verified based on a reserved list that the Ministry of the Interior sent to Congress. The assembly was installed on October 20, 1831, with the assistance of the President of the Republic, Don Joaquín Prieto, who took the oath of office of the conventionalists.

It is interesting to note the objective that, according to the President of the Republic, the work of the Convention had: "look at the state and needs of the precious soil where you were born; Remember at every moment that you are legislators and that the purpose of the laws is the happiness of men and peoples, and not the ostentation of principles".

The great Convention appointed from among its members a commission of 7 members, in charge of drafting a project, made up of Mariano Egaña, Manuel José Gandarillas, Gabriel José Tocornal, Santiago Echevers, Juan Francisco Meneses, Agustín de Vial Santelices and Fernando A. Elizalde, a task that he carried out between October 1831 and April 1832. Egaña also presented an alternative project, which is known as private vote. Both projects were printed and published. The commission then resumed its work and presented its project to the Convention on August 25, 1832.

Between October 25, 1832 and March 17, 1833, the Convention reviewed the commission's project and Egaña's dissenting vote. The final text was approved in the session of May 22, 1833 and was sent to President José Joaquín Prieto, who together with his ministers proceeded to promulgate it and swear it in on May 25, 1833.

The historian Francisco Antonio Encina says that Don Diego Portales, "pursuing the purpose of impersonalizing Prieto's government, had refused to be part of the assembly. However, he attended many sessions privately, from a neighboring room, to smooth over some difficulties. Some of the disagreements that had heated things up the most were also submitted to his discretion. He imposed his point of view in the article devoted to slaves. His opinion also decided the rejection of the institution of senators for life, which had a considerable majority among the conventional ones. & # 34;

Description

The Constitution established presidentialism, where supreme power was held by a President elected by an electoral college every 5 years. He had a wide range of powers that allowed him to intervene in many issues, including the right of the Republican Patronage—to appoint ecclesiastical dignities—and declare a state of siege. He was assisted by a Council of State that included ministers, certain ecclesiastical and military dignitaries and other public officials, all appointed by the president.

The legislative power was given to a bicameral National Congress; that is, a senate (also elected by electoral college) and a chamber of Deputies (elected by direct vote). Despite having less power than the president (who could veto the laws approved by Congress, without the latter being able to insist until 2 years later), in addition to his legislative function he had powers such as approving the budget law, authorizing the collection of taxes and establish the sea and land forces that had to be maintained. These were the so-called 'periodic laws', which allowed Congress to gradually assume greater control over the government.

The independence of the courts from other powers of the state is enshrined, but only establishing very general rules. Regarding judges, it only says that they must be appointed at the proposal of the Council of State, based on proposals from the court established by law. Entrusts a law to regulate this matter in detail.

The Constitution granted the right to vote only to those who paid a minimum tax, where citizens had to have certain salary or real estate requirements to participate in the political life of the State. Likewise, it established Catholicism as the official religion, excluding the public exercise of any other.

This Constitution remained in force, with numerous and important reforms, until 1924-25, when the Political Constitution of the Republic of Chile of 1925 was approved.

Constitutional reforms

After the end of the Conservative Republic, a series of reforms were approved that sought to adapt the text to the liberal ideas that prevailed. This is the list of the reforms made to the constitution of 1833:

• 8 August 1871: it is stated that the president cannot be re-elected for the period following the period he exercises.

• September 25, 1873: reduces the quorum sessions of the Senate (from an absolute majority to a third of its members) and the Chamber of Deputies (from an absolute majority to a quarter of its members).

• Two laws of 13 August 1874: new fundamental rights are enshrined: association and peaceful assembly in public place without prior permission; petitions to the established authority; and freedom of education. The term of residence for aliens is shortened to acquire citizenship from 10 years to one year. In addition, it is stated that senators will be elected directly and not by an electoral college. New inability to be elected deputy or senator.

• October 24, 1874: widens the powers of the National Congress, changes the meaning of the state of siege; originally by that state "the empire of the constitution is suspended in the respective territory"; now, only the president is granted the power to arrest persons in their homes or places that are not of detention and to transfer them from one department to another of the Republic; it modifies the extraordinary powers that the Congress may grant to the President; reform of the constitutional accusation; Here was added something very important "The Conservative Commission, representing the Congress, exercises the supervigilance that belongs to it, over all the branches of the public administration."

• 12 January 1882: amends the constitutional reform procedure.

• 9 August 1888: Deletes the article that marks the territory of the Republic; establishes the universal male vote, whose only requirement is to read and write; eliminates the posts of senator and deputy; and raises the population base for the second time to elect deputies.

• 12 December 1891: gives the Conservative Commission the power to convene extraordinary sessions of the National Congress (which, in the opinion of parliamentarians, would have avoided the civil war of 1891); and states that the appointment of diplomatic ministers requires agreement of the Senate.

• July 7, 1892: New disqualifications to be elected deputy.

• Act No. 43 of 26 June 1893: Modification of the presidential veto from absolute to relative; now the congress may reject the veto with the vote of 2/3 of the members present in each chamber.

• Act No. 3330 of 1 December 1917: Changes the dates of the elections of electors of President of the Republic.