Chilean President’s Domestic and International Roles

Posted on Dec 5, 2024 in Law & Jurisprudence

Head of State

1) The President represents the unity of the State. Despite internal political struggles, the State is represented by a single head.

2) Represents the continuity of the State. Regardless of the political party in power, the State remains constant, symbolized by the President.

3) Represents Chile in the judicial field. The President chairs the State Defense Council, representing the Treasury’s interests.

4) Represents Chile internationally. The President engages with other states, exercising rights and assuming obligations. Art. 32 N° 15 grants the President authority in international relations.

5) ART. 32 N° 7 and 8: Power to appoint collaborators in international relations.

6) Art 63 N° 15 in relation to Art 32 N° 19: Power to declare war via supreme decree, authorized by Congress.

International Treaty Process

Involves the President and collaborators (Minister of Foreign Affairs, diplomats). Art 32 N° 7 and 8: Representatives are the President’s exclusive confidence.

Stages:

  1. Preliminary negotiations: Parties agree on treaty material.
  2. Provisional Signature: Solemn testimony of the treaty text.
  3. Congressional Approval: Generally required, with exceptions (treaty implementation, regulatory matters). Approval is via resolution.
  4. Ratification: President and Minister of Foreign Affairs sign, committing Chile to treaty obligations.
  5. Enactment: President testifies to the treaty’s existence, mandating its promulgation as law.
  6. Publication: Treaty gains domestic effect upon publication in the Official Journal.

Head of Government

The President’s political role involves key decisions for the nation’s future, implemented through administrative action.

Faculties:

  1. Formulate public policies, plans, and goals (e.g., economics, agriculture, transport).
  2. Interact with other State organs (Congress, Judiciary).
  3. Interact with the international community (declare state of emergency, adopt treaties, declare war).

Features:

  1. Allows the President to be recognized as a statesman.
  2. Performed under direct constitutional protection.
  3. Discretionary, with a wide margin of action due to the Constitution’s general rules.