Chile's 1833 Constitution: A Deep Dive

Chile's 1833 Constitution

Key Features and Provisions

This constitution defined Chile's territorial boundaries from the Atacama Desert to Cape Horn, rectifying a significant error in previous charters that required constitutional amendments for boundary changes. It laid the groundwork for institutional arrangements replicated in subsequent constitutions (1925 and 1980), including:

• National sovereignty
• Representative government
• Division of public powers
• Government accountability
• Individual rights

The government system was representative, with Catholicism as the official religion, excluding the public practice of other faiths. Foreigners required ten years of residency for citizenship.

Voting Rights and Guarantees

Voting was restricted to Chilean citizens who were literate, met specific financial requirements (property and capital varied by province), and were registered in their municipality's electoral roll three months before the election. Minimum age was 25 for unmarried individuals and 21 for married individuals.

Constitutional guarantees included:

• Equality before the law
• Equality in employment and public service
• Equitable tax distribution based on property
• Freedom of movement within the country
• Freedom of the press

The system of primogeniture was maintained, but without restricting the free transfer of property.

Legislative and Judicial Powers

Legislative power resided in Congress, comprising the Chamber of Deputies and the Senate. Congress's responsibilities included:

• Legislating on annual public administration budgets
• Annually setting the size of the navy and army
• Authorizing tax collection over 18 months

The Chamber of Deputies could accuse ministers, state directors, military leaders, mayors, and superior court judges before the Senate.

The judiciary was structured similarly to today's system. The "Administration of Justice" title was changed to "The Judiciary." Members were appointed by the Council of State, with the president proposing a shortlist of fifteen names to the Supreme Court for judicial office applications.

Executive Power and Council of State

The President of the Republic served as the nation's supreme leader for a five-year term, with the possibility of immediate reelection. Presidential powers included:

• Appointing and renewing state ministers, councilors, mayors, and governors
• Ensuring the administration of justice and conduct of judges
• Exercising ecclesiastical patronage
• Declaring a state of emergency (with Council of State advice) or requiring Congressional agreement for internal disturbances

The Council of State comprised ministers, two members of the superior courts, a church representative, a general from the army or navy, a minister plenipotentiary, and two former mayors or governors. Its purpose was to advise the president on bills, prepare candidate lists for senior judicial and ecclesiastical positions, and resolve jurisdictional disputes between administrative authorities.

Constitutional Character

This constitution exhibited aristocratic and autocratic characteristics, where individual will held significant power.