Chilean constitutional referendum, 1980

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A constitutional referendum was held in Chile on 11 September 1980. [1] The proposed new constitution would replace the 1925 constitution, and was approved by over two-thirds of voters. [2]

Chile republic in South America

Chile, officially the Republic of Chile, is a South American country occupying a long, narrow strip of land between the Andes to the east and the Pacific Ocean to the west. It borders Peru to the north, Bolivia to the northeast, Argentina to the east, and the Drake Passage in the far south. Chilean territory includes the Pacific islands of Juan Fernández, Salas y Gómez, Desventuradas, and Easter Island in Oceania. Chile also claims about 1,250,000 square kilometres (480,000 sq mi) of Antarctica, although all claims are suspended under the Antarctic Treaty.

Constitution of Chile Democratic constitution of Chile

The current Political Constitution of the Republic of Chile, approved by Chilean voters in a controversial plebiscite on September 11, 1980, under the military dictatorship of Augusto Pinochet, partially effective March 11, 1981, fully effective 11 March 1990 and amended considerably on August 17, 1989 and on September 22, 2005 (legislatively), and also in 1991, 1994, 1997, 1999, 2000, 2001, 2003, 2007, 2008, 2009 and 2010, replaced the earlier constitution of 1925. It is Chile's eighth constitution.

Chilean Constitution of 1925 precideishon de chilean

The Constitution of 1925 was the constitution in force in Chile between 1925 and 1973 when the Government Junta suspended it. In the 1920s Chile had a severe social and economic crisis that led to the loss of prestige for old ruling class, labeled oligarchy in Chilean historiography, and the rise of a more sensibilized populist government led by Arturo Alessandri. In 1924 Alessandri was outed in a coup, but was called back in 1925 to complete his mandate. Alessandri then used his presidency to draft a new constitution to replace the Constitution of 1833. The constitution was approved by plebiscite by 134,421 voters on August 30 of 1925. Prominent features of the constitution were:

Contents

The new constitution ensured that Augusto Pinochet could remain as President of the Republic for a further eight years with increased powers, after which he would face a re-election referendum. Further reforms, beginning in 1989 and most recently in 2005, have attempted to make the constitution more democratic.

Augusto Pinochet Former dictator of the republic of Chile

Augusto José Ramón Pinochet Ugarte was a Chilean general, politician and dictator of Chile between 1973 and 1990 who remained the Commander-in-Chief of the Chilean Army until 1998 and was also President of the Government Junta of Chile between 1973 and 1981.

Electoral system

In the election, Chileans older than 18 years of age (including the illiterate and blind), as well as foreigners with legal residence in Chile older than 18 years of age who could prove their proper immigration status, were allowed to vote. Participation was obligatory except for those who were physically or mentally impaired or imprisoned.

To vote, the only document required was a certificate of identity issued by the Civil and Identification Registry Service. No electoral roll was prepared for the referendum. [2]

New constitution

The proposed new constitution gave the position of President of the Republic significant powers. It created some new institutions, such as the Constitutional Tribunal and the controversial National Security Council (COSENA). In its temporary dispositions, the document ordered the transition from the former military government, with Augusto Pinochet as President of the Republic, and the Legislative Power of the Government Junta (formed by the heads of the Navy, Air Force, National Police, and a representative of the Army, the head of the Army being President of the Republic), to a civil one, with a time frame of eight years, during which the legislative power would still be the Military Junta. It set the first eight-year presidential term for Pinochet, with a referendum in the eighth year, in which only one candidate, nominated by the Junta, would be up for acceptance.

President of Chile head of state and head of government of Chile

The President of Chile, officially known as the President of the Republic of Chile is the head of state and the head of government of Chile. The President is responsible for both the Chilean government and state administration. Although its role and significance has changed over the history of Chile, as well as its position and relations with other actors in the national political organization, it is one of the most prominent political figures. It is also considered as one of the institutions that make up the "Historic Constitution of Chile", and is essential to the country's political stability.

The Government Junta of Chile was the military junta established to rule Chile during the military dictatorship that followed the overthrow of President Salvador Allende in the 1973 Chilean coup d'état backed by the United States. It was the executive and legislative branch of government until December 17, 1974. After that date, it functioned strictly as a legislative body until the return to democracy in 1990.

Chilean Navy maritime warfare branch of Chiles military

The Chilean Navy is the naval force of Chile.

The candidate, as expected, was Pinochet himself. While the steps to follow in the case of a triumph of the "yes" option, which the document clearly anticipated, were clearly delineated, the steps for the "no" triumph were less clear but still clear enough that no serious doubt emerged when the "no" option actually was victorious in the 1988 plebiscite.

Some of the 1980 constitution's original dispositions, such as the presidential power of dissolving the Chamber of Deputies (the lower house of Congress) and serving eight-year terms with possibility of re-election, were modified or eliminated after 1990, when the country regained its democracy and the Congress was re-established.

Chamber of Deputies of Chile lower house of Chile legislature

The Honourable Chamber of Deputies of the Republic of Chile is the lower house of Chile's bicameral Congress. Its organisation and its powers and duties are defined in articles 42 to 59 of Chile's current constitution.

A lower house is one of two chambers of a bicameral legislature, the other chamber being the upper house.

Results

The results supplied by the Colegio Escrutador Nacional (National Election Observer Association) were as follows.

Option Votes % [3]
"Yes" votes 4,121,067 65.71%
Blank votes 83,812 1.33%
"Yes" total [4] 4,204,87967.04%
"No" votes 1,893,420 30.19%
Invalid votes 173,569 2.77%
Total votes cast6,271,868100%

Aftermath

1980 constitution Constitucion Politica de la Republica de Chile 1980.jpg
1980 constitution

The results of the referendum approved the Constitution of 1980. However, the given results were objected to by the political opposition, headed by the ex-senator Patricio Aylwin and more than 46 others, arguing that this result did not tally with electoral records. One objection was that voters were only marked by ink on the thumb, which came off rapidly, making electoral fraud easy. These criticisms were rejected by the Scrutiny Association, and the Constitution was promulgated on 21 October 1980.

The new constitution took effect on 11 March 1981. On this date a transition period of eight years began, during which General Pinochet, acting as President of the Republic and the Military Regime (Junta), exercised constituent and legislative power.

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References

  1. Nohlen, D (2005) Elections in the Americas: A data handbook, Volume II, p262 ISBN   978-0-19-928358-3
  2. 1 2 Nohlen, p268
  3. Percent of the total votes cast.
  4. The blank votes were counted in favor of the "Yes" option.