Chilean Presidential Power: Election, Requirements, and History

Posted on Mar 11, 2025 in Law & Jurisprudence

Chilean Presidential Power: An Overview

Why is it said that the Chilean government has a strengthened presidency?

  1. In Chile, there isn’t a balanced system of checks and balances between the President and the National Congress, as seen in the USA.
  2. There is a power imbalance between the President and Congress.
  3. The National Congress is subordinate to the President, possessing limited powers primarily focused on legislation and oversight.
  4. While there is no presidential authoritarianism, and constitutional democracy is maintained, the parliamentary and judicial checks on the President have weakened.

Reinforced Presidential Character

  1. The President becomes the principal co-legislator:
    • A) Possesses legislative initiative.
    • B) Can expedite the processing of bills (Art. 74 EPC).
    • C) Is supported by partial and additive veto powers (Art. CPE 73).
    • D) May issue decrees with the force of law (Art. 64 EPC).
  2. Ministers participate in Chamber debates (Art. 37 EPC).
  3. The President has the power to convene constitutional referendums (Articles 128 and 129 EPC).
  4. Presidential powers are strengthened during a state of constitutional exception (Art. 44 EPC).
  5. Congress has limited powers in approving the budget (Art. 67 EPC).
  6. The legal form of the state is unitary (Articles 111 and 116 EPC).

Requirements to be Elected President (Article 25 inc. 1 CPE)

  1. Chilean nationality, in accordance with Nos. 1 and 2 of article 10.
  2. Must be at least 35 years old.
  3. Other qualifications include the right to suffrage, not being convicted with corporal punishment, and being registered in electoral records.

Presidential Election Process

The 2005 reform restored the original constitutional text, stating that the election shall be held jointly with the parliament, in the manner determined by the respective constitutional organic law, ninety days before the date on which the current president’s term should cease (Article 26 inc. 1).

On the choice:

  1. Elected by an absolute majority of validly cast votes.
  2. Blank and null votes are not considered, allowing for the configuration of an absolute majority.
  3. If more than two candidates participate and none receive more than half of the validly cast votes, a second vote will be held.
  4. In the second vote, only the two candidates with the highest number of votes from the first round participate. The candidate who obtains a simple majority is elected.
  5. The second vote could involve more than two candidates if there was a plurality tie in the first ballot.
  6. First ballot requires a majority; the second requires a simple majority.

Presidential Election Rating

The Qualifying Court of Elections is commissioned (art. 27 inc. Agency 2nd). The process is completed within 15 days of the first or second ballot (Art. 27 inc. 1). The Court announces the immediate proclamation of the President of the Senate. The process, whether with one vote or a runoff, ends within 16 days with the proclamation of the President-elect (1 + 15 = 16). In the case of a second vote, this term is a maximum of 52 days (1 + 30 + 6 + 15 = 52).

Historical Election Processes (Constitution of 1925)

Even though the Congress House was authorized by the constitution to elect any candidate who won the two greatest number of votes, the first ever elected majority.

  • 1946: Gabriel González Videla (40.10%) – 138 votes from the plenary Congress; Eduardo Cruz Coke (29.71%) – 46 votes.
  • 1952: Carlos Ibáñez del Campo (46.8%) – 132 votes; Arturo Matte-Larrain (27.8%) – 12 votes in Congress.
  • 1958: Jorge Alessandri Rodríguez (31.2%) – 147 votes; Salvador Allende Gossens (28.5%) – 26 votes.
  • 1970: Salvador Allende Gossens, Unidad Popular (36.3%) – 153 votes; Jorge Alessandri Rodriguez (34.9%) – 35 votes.

In 2005, two new articles were added to the 1980 constitution (art 26 const inc.): a second round before one or both dies, After the electoral process. The President calls an election within 30 days from the death date. It must be the Sunday nearest the ninetieth (90th) day after the announcement (Art. 26 inc. 4th). If the President’s year ended and the President-elect has not assumed office, as provided in inc. 4 of Article 26, a Vice President will assume the title, in the order of President of the Senate, President of the Supreme Court, and President of the Chamber of Deputies.