Legal System of Chile

Chile is located in South America. It is geographically situated in southern south america, bordering the south pacific ocean, between argentina and peru. The country achieved independence on 18 september 1810 (from spain). The capital is Santiago; note - Valparaiso is the seat of the national legislature.

Government Overview

Government Type: presidential republic Chief of State: President Gabriel BORIC (since 11 March 2022) Head of Government: President Gabriel BORIC (since 11 March 2022) Cabinet: Cabinet appointed by the president Administrative Divisions: 16 regions (regiones, singular - region); Antofagasta, Araucanía, Arica y Parinacota, Atacama, Aysén, Biobío, Coquimbo, Libertador General Bernardo O’Higgins, Los Lagos, Los Ríos, Magallanes y de la Antártica Chilena (Magallanes and Chilean Antarctica), Maule, Ñuble, Región Metropolitana (Santiago), Tarapacá, Valparaíso National Holiday: Independence Day, 18 September (1810) Suffrage: 18 years of age; universal

Legal System

The legal system of Chile is described as civil law system influenced by several Western European civil legal systems; Constitutional Tribunal reviews legislative acts International Law: has not submitted an ICJ jurisdiction declaration; accepts ICCt jurisdiction

Constitutional Framework

The constitution has the following history: many previous; latest adopted 11 September 1980, effective 11 March 1981; in September 2022 and again in December 2023, referendums presented for a new constitution were both defeated, and the September 1980 constitution remains in force Amendment Process: proposed by members of either house of the National Congress or by the president of the republic; passage requires at least four-sevenths majority vote of the membership in both houses and approval by the president; passage of amendments to constitutional articles, such as the republican form of government, basic rights and freedoms, the Constitutional Tribunal, electoral justice, the Council of National Security, or the constitutional amendment process, requires at least four-sevenths majority vote by both houses of Congress and approval by the president; the president can opt to hold a referendum when Congress and the president disagree on an amendment

Judicial Branch

Highest Court(s): Supreme Court or Corte Suprema (consists of a court president and 20 members); Constitutional Court (consists of 10 members and is independent of the rest of the judiciary); Elections Qualifying Court (consists of 5 members) Judge Selection: Supreme Court president and judges (ministers) appointed by the president of the republic and ratified by the Senate from lists of candidates provided by the court itself; judges appointed for life with mandatory retirement at age 70; Constitutional Court members appointed - 3 by the Supreme Court, 3 by the president of the republic, 2 by the Chamber of Deputies, and 2 by the Senate; members serve 9-year terms with partial membership replacement every 3 years (the court reviews constitutionality of legislation); Elections Qualifying Court members appointed by lottery - 1 by the former president or vice president of the Senate and 1 by the former president or vice president of the Chamber of Deputies, 2 by the Supreme Court, and 1 by the Appellate Court of Valparaiso; members appointed for 4-year terms Subordinate Courts: Courts of Appeal; oral criminal tribunals; military tribunals; local police courts; specialized tribunals and courts in matters such as family, labor, customs, taxes, and electoral affairs

Legislative Branch

The legislative structure consists of bicameral Lower Chamber: Chamber of Deputies (Cámara de Diputados) (155 (all directly elected) seats) Electoral System (Lower Chamber): proportional representation Upper Chamber: Senate (Senado)

Citizenship and Suffrage

Citizenship by Birth: yes Citizenship by Descent: yes Suffrage: 18 years of age; universal

Historical Background

Indigenous groups inhabited central and southern Chile for several thousand years, living in mixed pastoralist and settled communities. The Inca then ruled the north of the country for nearly a century prior to the arrival of the Spanish in the 16th century. In 1541, the Spanish established the Captaincy General of Chile, which lasted until Chile declared its independence in 1810.

This article provides a summary of the legal system and governmental structure of Chile based on the CIA World Factbook. The Factbook is a public domain publication of the United States Central Intelligence Agency.