The preventive control rule, despite having been used by different political sectors, is criticized because it transforms the Constitutional Court into a virtual third legislative chamberin addition to the fact that it can delay the processing of laws, since it has 30 days to analyze a project.
The Constitutional Court that will propose the new Constitution of Chile will not have the attribute of preventive control, but its complete attributes must be reviewed by the respective commission to return to the Plenary again.
The initiative to create the Constitutional Court was approved with 108 votes in favor (it needed 103), eight against and had 31 abstentions, so it goes to the draft of the new Constitution, which seeks to replace the 1980 Magna Carta, written during the civic-military dictatorship Augusto Pinochet (1973-1990).
Article 65 states that the Constitutional Court “is an autonomous, technical and professional body, in charge of exercising constitutional justice in order to guarantee the supremacy of the Constitution, according to the principles of deference to the legislative body, presumption of constitutionality of the law and search for an interpretation in accordance with the Constitution”.
The current Constitutional Court of Chile is made up of ten members, called regular ministers, one of whom is its president, while the Constitutional Court will be made up of 11 members who must be lawyers with more than 15 years of professional practice.
It also excludes from the nomination for two years those who have served in positions of popular election, have been Ministers of State or in tasks of exclusive confidence of the Government.
Likewise, its members will last nine years in their positions, without the possibility of re-election and its president will serve for two years, but the paragraph that details the appointment of its members was also rejected and will be returned to the respective commission.
The delivery of the draft of the new Constitution is scheduled for July 4, which will later have to be approved in a mandatory exit plebiscite scheduled for September 4 of this year.
This unprecedented constitutional, democratic, joint process with the participation of the original peoples, was possible after the massive demonstrations of the so-called social outbreak of October 2019, which led to an agreement with the majority of the ruling and opposition parties to draft a new magna carta.
The crowds that took to the Chilean streets then pointed to the current Constitution as the source of inequality and demanded a new State model that would guarantee public health, universal quality education or improved pensions.
On October 25, 2020, through a national plebiscite, the drafting of the new Constitution was approved by almost 80% and a few months later, in May 2021, the 155 conventionalists who are drafting the new Magna Carta were elected.
Source: Ambito
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