Chile is a South American country. It borders with Peru, Bolivia and
Argentina. The Pacific Ocean on the other side. The national language is
Spanish. The majority are white. 63% are Christians, 36% are
non-believers. With a area of 7,56,096 sq km, the country has a
population of about 1,75,74,000.
The first article of the
constitution declared the family as the most basic element of society.
Chile is a unitary state, but adequate decentralization will be ensured.
Various basic human rights have been declared in the constitution.
Although not very brief, it can often be misinterpreted. Authority
control over the media will never be imposed.
If a member of
the legislature engages in business dealings with the authorities, or
holds the position of director of a bank or a public limited company -
his position will be vacant. If someone's position becomes vacant for
violating the constitution, he will not be able to participate in any
election for the next two years. Anyone who spends more than the
prescribed limit of election expenses will face punishment.
These are positive aspects. There are not too much negative aspects. But
one thing seemed very strange to me. According to constitution, it
requires a degree in law for the post of Comptroller General. If it was
for the Attorney General or the Judge, it would be okay. But why this
qualification is required for this position?
Admirable Articles of Chile's Constitution
Article 1 (Part of it)
Persons are born free and equal in dignity and rights.
Family is the fundamental unit of society.
The State recognizes and protects the intermediate groups through which society organizes and structures itself and guarantees them the necessary autonomy to comply with their own specific purposes.
The State is at the service of the human person and its end is to promote the common good, for which it must help to create the social conditions which may allow each and every one of the members of the national community their greatest spiritual and material realization possible, with total respect for the rights and guarantees that this Constitutions establishes.
Article 3 (Part of it)
Chile is a unitary State.
The State’s administration will be functionally and territorially decentralized, or deconcentrated in its case, in conformity with the law.
Article 19 (Part of it)
The Constitution guarantees all persons:
- The law protects the life of the unborn.
- The right to live in an environment free of contamination. It is the duty of the State to ensure that this right is not jeopardized and to promote the preservation of nature.
- The law may establish specific restrictions on the exercise of certain rights or freedoms to protect the environment;
- Every person shall have the right to choose the health care system that he wishes to join, be it State-owned or private;
- Education is directed to the full development of the individual at the different stages of his life.
- Parents have the preferential right and duty to educate their children. The State shall provide special protection for the exercise of this right.
- The freedom of education includes the right to open, organize and maintain educational institutions.
- The law may in no case establish a state monopoly over the mass media.
- Any natural or legal person has the right to establish, edit and maintain newspapers, magazines and periodicals, under the conditions stipulated by the law.
- Every person has the right to freely contract and to the free choice of work with a just retribution.
- The state shall supervise the proper exercise of the right to social security;
- The right of the author includes the property of the works and other rights, such as authorship, the edition and the integrity of the work, all in accordance with the law.
- The industrial property over invention patents, trademarks, models technological processes or similar creations, are guaranteed for as long as the law establishes.
- The property of the intellectual and artistic creations and the industrial property shall be governed by what is prescribed in the second, third, fourth and fifth paragraphs of the preceding number.
Article 60
The deputy or senator who absents himself form the country for more than thirty days without permission from the Chamber to which he belongs or, in recess of it, of its President, will cease in his position.
The deputy or senator that during his term celebrates or secures contracts with the State, or acts as procurator or agent in private matters of an administrative nature in the provision of public jobs, councillorship, functions or commissions of a similar nature, will cease in his position. He who accepts to be director of a bank or of a public limited company, or to hold positions of similar importance in these activities, shall incur in the same sanction.
The inability to which the preceding paragraph refers to will take place whether the deputy or senator acts by himself or through another person, natural or legal, or through a society of persons of which he forms part.
The deputy or senator that acts as a lawyer or mandatory in any type of trial, that exercises any influence before the administrative or judicial authorities in favor or in representation of the employer or the workers in negotiations or labor disputes, whether they are from the public or private sector, or that intervenes in them before any of the parties, will cease in his position. The same sanction shall apply to the parliamentarian that acts or intervenes in student activities, regardless of the branch of education, in order of undermining its normal development.
Notwithstanding the provisions of paragraph seven of number 15 of article 19, the deputy or senator that who orally or in writing incites public disorder or promotes the change of the institutional legal order by different means from those established in this Constitution, or that seriously compromises the safety or the honor of the Nation, will cease in his position.
He who loses the office of deputy or senator for any of the causes listed above will not be eligible for any public function or employment, whether or not of popular election, for a term of two years, except in the cases of paragraph seven of number 15 of article 19, in which the sanctions referred therein shall apply.
The deputy or senator that has gravely infringed the rules on transparency limits and control of electoral expenditure will cease in his position from the date that the Electoral Court declares it through final sentence, at the request of the Directive Council of the Electoral Service. A constitutional organic law shall specify the cases in which there is a serious infringement. Likewise, the deputy or senator that loses his office will not be eligible for any public function or employment for a period of three years, nor will he be able to be candidate to popular election positions in the two elections after his cessation.
Facts of Chile's Constitution
Article 98
An autonomous body with the name of Office of the Comptroller General of the Republic shall exercise control over the legality of the accts of the Administration, will oversee the income and investment of funds from the Treasury, municipalities and other organisms and services that the laws determine; will review and judge the accounts of people who have been entrusted with goods from those entities; will be in charge of the general accounting of the Nation; and will perform the other functions that are assigned to it by the respective constitutional organic law.
The Comptroller General of the Republic must have held the law degree for at least ten years, must have reached forty years of age and must possess the other qualities necessary to be a citizen with the right to vote. He will be designated by the President of the Republic with the agreement of the Senate adopted by three-fifths of its active members, for a period of eight years and he may not be designated for the next period. However, upon reaching 75 years of age he shall cease in office.
