CONSTITUTIONAL ESSAYS OF CHILE: BACKGROUND, CHARACTERISTICS - HISTORY - 2025

The constitutional tests of Chile (1823 to 1830) correspond to the events that occurred in the second decade of the 19th century in that country. During this period, a common historical process shook the Latin American continent. This process began with the fall of King Ferdinand VII and the rise to power in Europe of Napoleon Bonaparte.

In the various viceroyalties, the Creoles organized themselves inspired by the ideas of the European encyclopedists and the French Revolution. In Chile, the process of its construction as a nation with a philosophy and an integrated legal base was very intense. There was a first advance with provisional documents.

Later there was a setback due to the resumption of power by the Spanish colonialist forces. Then, as several researchers point out, in eight years there was a series of experiences across five governments. Precisely that period, elapsed between 1823 and 1830, is the phase of constitutional trials.

Background

Chilean history has several periods. The first is known as the Old Homeland that began on August 11, 1811. The National Congress approved the nine articles of the Regulation for the Arrangement of the Provisional Executive Authority of Chile.

It was repealed almost three months later as a result of a coup. In 1812 José Miguel Carrera, the coup leader, made a new regulation with 27 articles. This regulation was in force for almost a year.

In 1814 another provisional regulation was written. In this, the figure of supreme director was created to designate the head of government. It lasted only seven months, as the Spanish regained power.

Reached independence, Bernardo O'Higgins assumed the position of supreme director. A commission was appointed that drew up the provisional Constitution of 1818. Thus was born the period of the New Homeland. The 18 text contains 143 articles.

Four years later, in 1822, the Minister of State José Antonio Rodríguez Aldea drew up a new constitutional text with 248 articles. This was baptized as the Political Constitution of the State of Chile.

At that time O'Higgins resigned as supreme director and a new stage began: that of constitutional trials.

Social, political and economic characteristics

In 1823 a new constitutional text was produced, which became known as the Moralist Constitution. This was written by Juan Egaña, a Chilean-Peruvian lawyer and politician. Its objective was to create a moral code to guide the conduct of citizens.

It is worth noting that the concept of citizen and citizenship that was used only applied to educated aristocratic men.

Social characteristics

The social dynamics of various sectors, alien to the notion of the people, allowed the emergence of various power groups. On the one hand, there were the pelucones, made up of large landowners who aspired to a strong government that did not carry out major social reforms.

The O'higginists were high-ranking military men and followers of the hero of the war for independence. A third group, called the tobacconists, were fellow merchants of portals who benefited from a lawsuit they won against the state.

The pipiolos were supporters of liberal reforms and the division of powers. Finally there were the federals, supporters of giving power to the aristocracies of the provinces.

Political characteristics

The federals got involved in the next political exercise, which was the Constitution of 1826. The pen of José Miguel Infante y Rojas, a man of liberal training, generated a set of laws.

An attempt was made to support the power groups in the provinces, loosening somewhat the centralist control, but this plan encountered fierce opposition from the Santiago oligarchy.

Economic characteristics

The moralistic orientation of that constitution is linked to the indebtedness of Chile with England for the war of independence. As an outlet to deal with the debt, a private company, headed by Diego Portales, was given a tobacconist.

This meant a monopoly to market tobacco, alcoholic beverages and tea, and to handle gambling and gambling. The bureaucracy, mismanagement and smuggling made it fail. This moral conflict led to the writing of the aforementioned constitutional text.

Constitution of 1828

Then, the last essay opened space: the Liberal Constitution of 1828. This expanded citizen rights. To exercise them, you only had to be over 21 years old if you were married and 25 for single people. The domestic servants, the defaulters with the Treasury and the recognized "vicious" were excluded.

Theoretically, even illiterate people who did not fall into the previous three categories also enjoyed citizenship rights. This vision was very advanced, even for Europe at the time.

Even so, it was approved by a male Parliament that did not include the sector of the "low people", majority but invisible. In this document, the position of supreme director was eliminated and that of president was created. It also gave rise to the figure of the vice president.

These constitutional tests were the period of greatest consonance with the Chilean democratizing vision since its independence.

So intense was the experiment that the most conservative sectors (large landowners, merchants and aristocrats) ended up in a civil war. The event occurred between 1829 and 1830. It was settled at the Battle of Lircay, in April 1830.

General Prieto rebelled against the government of the hairdresser Francisco Antonio Pinto with the support of the tobacconist. Pinto and his army were victorious. From then on a constitutional reform is made.

Then a small group of MPs drew up a new Magna Carta. The 1930s left behind a social experience that could have transformed the philosophical vision of the Chilean people.

References

1. Annino, A., & Ternavasio, M. (2015). The Ibero-American Constitutional Laboratory: 1807 / 1808-1830. Colombian Yearbook of Social History and Culture. Recovered at: redalyc.org
2. Grez Toso, S. (2009). The absence of a democratic constituent power in the history of Chile. IZQUIERDAS Magazine, 3 (5). Recovered at: redalyc.org
3. Lira, BB (2016). The work of Portales (The consolidation of the constitutional State). Journal of Public Law. Recovered in: magazines.uchile.cl
4. Martínez, B.; Figueroa, H.; Candia, I.; Lazo, M. (2012) From Constitutional essays, IP 1.3. History of Constitutionalism, Chile. Alberto Hurtado University. Brasilia. Recovered in: stf.jus.br
5. Salazar, G. (2005). State Building in Chile. Santiago de Chile, South American. Recovered at: academia.edu