Chile's 1925 Constitution: Key Reforms and Structure

Chile's 1925 Constitution

In 1925, upon resuming the Office of the President, Arturo Alessandri decided to convene an assembly. This assembly included men from all political parties (Conservatives to Communists), representatives of social organizations, and the army. Their goal was to prepare a draft constitution to replace the 1833 Constitution.

Major Constitutional Changes

• Shift to Presidentialism: The parliamentary system was changed for a presidential one, allowing the President to freely appoint ministers who could not be dismissed by occasional parliamentary majorities.
• Strong Executive: Creation of a strong executive with broad administrative powers, while maintaining civil liberties and individual rights. The President serves as both Head of Government and State.
• Presidential Powers: The President appoints and removes ministers at discretion, exercises important co-legislative functions, and appoints judges based on proposals from the Courts of Appeals or Supreme Court.
• Term and Election: The President would serve a six-year term, elected by direct universal suffrage.
• Incompatibility: Established incompatibility between holding a ministerial position and a parliamentary seat.

Legislative Branch Structure

The legislative branch comprises a bicameral Congress: the Senate and the House of Representatives. Members exercise oversight over government and administration acts. The Senate could constitutionally charge the President of the Republic, Ministers of State, generals and admirals, mayors, governors, and other officials for crimes established by the Constitution.

Government Form and Social Rule

• The form of government was unified, establishing a degree of provincial decentralization.
• The Constitution established a social rule of law.
• Social Protections: Protection was set for work, industry, and social welfare, particularly concerning living conditions, aiming to provide every resident with a minimum standard suited to their needs and those of their family.
• Church and State: Established the separation of church and state, guaranteeing full freedom of conscience and worship.

Institutional Eliminations and Creations

• Suppressed the State Council and the Conservative Constitution Commission, deemed unjustified relics of the 1833 document.
• Created the Election Review Court, replacing the previous system where the chambers themselves determined the election of their members.
• Budgetary Control: Ended the periodic law as a source of political pressure from Congress on the President. If the legislature failed to approve budget laws submitted by the Executive within a specified period, the presidential project would apply automatically.
• Established the Constitutional Court to undertake a preventive control of constitutionality for bills—a control performed before the law is enacted, with the power to repeal unconstitutional rules.