Chilean institutions
Item 1
The French Revolution, the situation of absolutist states is altered by the liberal ideas giving way to a more democratic, and the constitutional separation of powers.
Before giving a classification of states, it is necessary to clarify two concepts form of State and of Government. Refer to Form
State is primarily on the structure of power which the State is the owner and its spatial distribution as a Form of Government, concerns the way that power is exercised and how they are appointed rulers. There
states like structures but are governed by different forms of government and vice versa.
Federated States similar in structure as the United States and West Germany, with the first presidential government and parliamentary second, or a different structure states like Chile and another Unit Federal and Mexico but both with similar forms of government, presidential.
In relation to the classification of the States there are two major groups: I.
Item 1
The French Revolution, the situation of absolutist states is altered by the liberal ideas giving way to a more democratic, and the constitutional separation of powers.
Before giving a classification of states, it is necessary to clarify two concepts form of State and of Government. Refer to Form
State is primarily on the structure of power which the State is the owner and its spatial distribution as a Form of Government, concerns the way that power is exercised and how they are appointed rulers. There
states like structures but are governed by different forms of government and vice versa.
Federated States similar in structure as the United States and West Germany, with the first presidential government and parliamentary second, or a different structure states like Chile and another Unit Federal and Mexico but both with similar forms of government, presidential.
In relation to the classification of the States there are two major groups: I.
SIMPLE STATE OR UNIT
• It is one that has only one center of power, exercised through bodies of different functions, based in the state capital. People obey the Constitution and one political organization embracing the whole country. The administration may be exercised in a centralized or decentralized administratively, meaning the latter, the way for the state to streamline its operation by granting legal status and powers expressed in law, equity and personal responsibility to agencies involved indirectly the central power.
II. FEDERAL STATE
• Your business is subject not only of administrative decentralization, but also of political decentralization, so this type of State recognizes several original sources of political power, one that corresponds to the central government and another that are unique to governments regional, acting in a coordinated but independent each. There is also a plurality of constitutional among which is a main and which are subordinate to others. Two principles underlie the federal system, self-governmental administrative and participation through a U.S. House.
traditional view is that the constituent elements of statehood, or made up of three elements: the People, Territory and Power.
I. ELEMENT: HUMAN POPULATION
O is the group of men and women. The people gathered at various stages of his life, from childhood to old age. Can people together in communities and societies. People can be nationals or foreign nationals may be recognized as citizens to participate in the political organization of the country.
• The population is the multiplicity of possible things to be told. Every 10 years is carried out in our country a population census to see how much Chileans and foreigners are, how old we are, what sex we belong and many other data related to spatial, social, economic and cultural. The agency record, systematize and disseminate this information is the National Statistics Institute (INE ).
• The Nation is a group of individuals brought together through history, a series of elements that unites them and gives characteristics. The Nationals are those that the Constitution in Chapter II determined.
Nationality · The sources are: The Law, Being born in the territory of Chile (Jus Solis), the fact of being born father and Chilean mother (Jus Sanguinis) and the legal source, such as the nationalization, which is a legal act which adopted a new nationality, renouncing the previous one and the nationalization of grace as required by law.
• The Citizenship is the political ability to intervene in the "public" and according to the Chilean Constitution, are citizens who have reached eighteen years of age and have not been sentenced to corporal punishment.
citizens to exercise their right to cover and opt for elective office and others that the Constitution or the law down, requires be enrolled in the voter registration rolls.
II. ELEMENT:
TERRITORY The territory is the setting of the population settled in a particular geographic location. The Nation requires a state land to live, move, etc subsistence activities. The wealth stored territory relevant to the development of the population living in it.
The physical territory is bounded by national borders: to the north bordering Peru, to the east with Bolivia and Argentina, with the South Pole to the south and west by the Pacific Ocean.
The total land area of \u200b\u200bChile including the mainland, Antarctic and Polynesian is 2,006,626 square km. Of these 756,765 square km correspond to the mainland and islands, corresponding to the Chilean Antarctic an area of \u200b\u200b1,250,000 kms.cuadrados.
Chile has a length of 4,270 kms. and if one considers the Chilean Antarctic increases its length to 8,000 km. The average width is 180 km, with maximum width of 468 km near the Strait of Magellan from Punta Dungenes to the islets Evangelists. (52 ° 21'S) and the minimum width of 90 km against Illapel measured between the mountain pass and Punta House Amolanas (31 ° 32'S).
The Territory is comprised of:
1. LAND AREA
includes the soil, subsoil, seabed and subsoil of the territorial sea. The firm ground is the territory of the State, contained within its frontiers or boundaries. The ground covers, soil toward the center of the earth. Besides terrestrial space includes islands and national or internal waters.
2. SPACE MARINE
space is an extension of land toward the sea. Includes the Territorial Sea and Sea Equity. Territorial Sea is the extension of the sovereignty of a State to an area of \u200b\u200bsea adjacent to its coast, including the seabed and subsoil. It covers an area between the coast and 12 nautical miles. The Contiguous Zone is an area where the State has jurisdiction and extends to 24 nautical miles. The Ocean Estate is an Exclusive Economic Zone of 200 nautical miles where coastal coastal states have the right to exploit its riches, renewable and nonrenewable are located in the waters above and below the respective.
3. AIRSPACE
is that found on land and sea space planning.
4. LEGAL SPACE
are the places that treaties and international customs recognized as part of state jurisdiction. So are Chilean territory, the ships and aircraft of war and domestic trade at sea together with the embassies and legations accredited. Consulates are excluded, as they have quality agencies only for business.
III. ELEMENT:
POWER Power is "a force in the service of an idea" (Georges Burdeau).
a people inhabiting a territory requires some organization to work together. Thus, politically organized society, there is the State. Within this institution exists organization, which implies direction and policy that lead to its members, the nation towards its aims, the Common Good
In every society is necessary for some of its members have a power of command and a power of coercion and that the proposed objectives can not be obtained by the spontaneous collaboration of members, then explained the need for any government.
The need for an authority, a power, it is imperative in a political society as complex as that of the State. If no, we would live in anarchy, people do not know how to act to bring order and fair coexistence enable them to carry out common goals for the benefit of all. Then arises as holder of this power the state and not as an individual.
The Power of the State is characterized by:
· Originally, their reality and qualities are inherent and inseparable from their existence
· Self, there's no greater power hierarchy.
· Independent external their decisions do not depend on outside
· Coercive State, has the monopoly of organized force within society.
· Centralized, emanating from a decision-making body to which the Nation is subject
· territorial boundaries, governs the territory of the State and the inhabitants thereof.
political power is legal when subjected to the Constitution and laws become much authority, when it has only the power of coercion, but essentially obeyed by its legitimacy from the consent of its citizens, who consider their leaders and political institutions as good, necessary and fair. A quality
of state power is the sovereignty in the sense that such power does not admit any other or on it, nor in competition with him.
Who is the owner of Sovereignty?
This question have made many thinkers in different periods. At present, it is argued that Sovereignty resides in the nation and it is exercised through regular elections, a mechanism through which citizens, voters choose their representatives to be President, Parliamentarians, Mayors, etc.
The 1980 Constitution states that sovereignty resides essentially in the nation, that its exercise is performed by people through regular elections and referendum, and also by the authorities established by this Constitution. No section of the people nor any individual can claim to exercise ... (Art. 5 °, cap.I)
The State has three branches: the Executive the Legislative and Judicial, which perform different functions each other. This division of powers, can better ensure the freedom and rights of individuals.
The objective of the State
the Common Good Common Good "is not the good of all, as if they were all real unit-but the set of conditions appropriate for everyone - intermediate groups and individuals, reach their individual good. "(Mario Justo López).
According to Aristotelian-Thomistic current Objective End of the Commons is given by the search for order, justice, welfare and external peace. While the purpose is Subjective the objectives of each State, whose contents vary depending on the type of society and the historical as well as the prevailing political doctrine.
According to the 1980 Constitution, the purpose of the state is to serve the Human promoting the Common Good, so you must create the conditions for each and every one of the Chilean their spiritual and material accomplishment possible, respecting rights and constitutional guarantees. Duty of the State is also to safeguard national security, provide protection to the population and strengthening the family, promote the harmonious integration of all sectors of the nation and ensure the right of individuals to participate with equal opportunities in national life (Cap.I, article 1 °).
rule of law, means that the State is subject to a legal system, which is the authentic expression of the idea of \u200b\u200blaw in force in society.
The bases of the rule of law are:
• The rule of law, the rules should be an expression of popular will and should have it both rulers governed.
• Distribution of state power in various organs, so the state power is not concentrated in one institution, but is distributed more efficiently and allowing proper controls to prevent arbitrariness and abuse of power.
° Legality of management and accountability of the authorities, whether criminal, civil, administrative and political.
· Respect and Guarantee of Human Rights through the legal system which also provides the mechanisms or resources that may be brought in cases of abuse and rape.
are three branches of government: the Executive, Legislature and Judiciary.
THE EXECUTIVE
President of the Republic of Chile, heads this branch. It is a monistic Executive as President performs the functions of head of state and also head of government. According
1980 Constitution as amended in some articles in 2005, the president's authority extends to everything that concerns the preservation of public order in the interior and external security of the Republic, in accordance with the Constitution and laws.
Each May 21 before the National Congress, the President in turn must report to the country's administrative and political situation of the nation.
The President has a cluster of authority both in government and administration and in the legislative, judicial and economic. Its functions are: To attend training
of Laws. Proposed through the "Messages", sanction and enact them. Exercises regulatory powers, ie the power to make rules to implement laws. Plebiscite Convene To appoint and dismiss the Ministers of State grant pardons · Take care of the collection of rents. Appoint ambassadors, ministers, diplomats and representatives to international organizations. Grant pensions, retirements, pawnshops and Pensions of Mercy under the Laws, etc.
The President of the Republic constitutionally may be charged by the majority of the House of Representatives in office and that charges be resolved by the Senate acts as judge. The prosecution has to be considered in case the administration has committed serious honor and national security or violated the Constitution and / or laws. A consultative body designed to advise the President on national issues of concern is the Council of State.
The requirements to be elected President are:
• Be Chilean · have completed 35 years of age • Be a citizen with the right to vote
The term of office is 4 years may not be reappointed to a subsequent period.
THE LEGISLATURE
This state power is exercised by the National Congress, through a bicameral parliament composed of Chamber of Deputies and Senate . A Constitutional Organic Law regulating the powers and functioning of the National Congress in handling the bills, vetoes of the President of the Republic and constitutional claims processing.
President of the Republic of Chile, heads this branch. It is a monistic Executive as President performs the functions of head of state and also head of government. According
1980 Constitution as amended in some articles in 2005, the president's authority extends to everything that concerns the preservation of public order in the interior and external security of the Republic, in accordance with the Constitution and laws.
Each May 21 before the National Congress, the President in turn must report to the country's administrative and political situation of the nation.
The President has a cluster of authority both in government and administration and in the legislative, judicial and economic. Its functions are: To attend training
of Laws. Proposed through the "Messages", sanction and enact them. Exercises regulatory powers, ie the power to make rules to implement laws. Plebiscite Convene To appoint and dismiss the Ministers of State grant pardons · Take care of the collection of rents. Appoint ambassadors, ministers, diplomats and representatives to international organizations. Grant pensions, retirements, pawnshops and Pensions of Mercy under the Laws, etc.
The President of the Republic constitutionally may be charged by the majority of the House of Representatives in office and that charges be resolved by the Senate acts as judge. The prosecution has to be considered in case the administration has committed serious honor and national security or violated the Constitution and / or laws. A consultative body designed to advise the President on national issues of concern is the Council of State.
The requirements to be elected President are:
• Be Chilean · have completed 35 years of age • Be a citizen with the right to vote
The term of office is 4 years may not be reappointed to a subsequent period.
THE LEGISLATURE
This state power is exercised by the National Congress, through a bicameral parliament composed of Chamber of Deputies and Senate . A Constitutional Organic Law regulating the powers and functioning of the National Congress in handling the bills, vetoes of the President of the Republic and constitutional claims processing.
THE JUDICIARY
This branch of government's core mission is to administer justice.
The Supreme Court is the highest court in the country. It is a collegial body composed of 21 ministers. Its jurisdiction covers the entire country. It is responsible for the executive, correctional and economic of all the nation's courts except the Constitutional Court, the Electoral Court, the Regional Electoral Courts and Military Courts.
The members of the Judiciary should establish what is right for each particular case which touches them hear and determine, framed within the existing legal framework and according to their competence.
In the 1980 Constitution provides that the judiciary has "the power to hear civil and criminal, to resolve and make judgments executed belongs exclusively to the courts established by law. Neither the President nor Congress can, if any, exercise judicial take over cases pending review on the merits or content of its decisions or reopening closed cases. "(Art.73.cap.VI)
Hierarchically , below the Supreme Court are the courts of appeals, which are distributed throughout the country. Depending on the respective Appellate Court Judges are located, which may be of Crime, Civil, Juvenile and Labour .
The Public Ministry, an organization created from a Constitutional Organic Law, is an autonomous and hierarchical institution headed by a National Fiscal and integrated by 16 regional prosecutors and 625 deputies, with 378 judges in criminal and 404 warranty, which assume an impartial role in resolving conflicts.
Constitutional bases of the judiciary are given by the following principles: independence, other branches of government to fulfill its functions. Legality, ie, courts should be established by law as well as the causes that deal and fail. Tenure, judges remain in office but not absolute, allowing the courts to act free of pressures and fairly. Inexcusable, judges must always resolve matters within its competence, subject to it even though there is no corresponding law.
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