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| State of Constitutional Exception (Chile) | |
|---|---|
| Name | State of Constitutional Exception (Chile) |
| Native name | Estado de Excepción Constitucional (Chile) |
| Jurisdiction | Chile |
| Legal basis | Constitution of Chile (1980, 2005 reforms) |
| Initiated by | President of Chile |
| Approved by | National Congress of Chile |
| Types | Estado de Sitio; Estado de Excepción Constitucional por Catástrofe; Estado de Excepción Constitucional por Motivos Internos; Estado de Excepción Constitucional por Motivos Externos |
State of Constitutional Exception (Chile) The State of Constitutional Exception in Chile is a constitutional mechanism that allows the President of Chile to adopt extraordinary measures under specified crises, subject to oversight by the National Congress of Chile and review by the Supreme Court of Chile. Rooted in the Constitution of Chile (1980) and later amendments, the regime interacts with institutions such as the Ministry of Interior and Public Security (Chile) and the Carabineros de Chile, and has been invoked during events involving the 2021–2022 Chilean political crisis, the 2010 Chile earthquake, and episodes linked to Mapuche conflict tensions.
The constitutional mechanism traces to the Constitution of Chile (1980), reinterpreted through reforms of 2005 Chilean constitutional reform and proposals debated in the National Congress of Chile and by political forces including Concertación and Coalition for Change (Chile). Legal doctrine engages texts from the Constitutional Court of Chile and commentary by scholars at the University of Chile and the Pontifical Catholic University of Chile, while administrative practice involves coordination between the Ministry of Defense (Chile), the Ministry of Interior and Public Security (Chile), and local intendencias.
Historical invocations include measures during the 1973 Chilean coup d'état aftermath, adaptations in the 1988 Chilean national plebiscite period, and post-dictatorship uses involving the 1990 Chilean transition to democracy. Later deployments addressed natural disasters like the 2010 Chile earthquake and public order crises such as the 2019–2020 Chilean protests, with operational roles played by Carabineros de Chile, the Investigations Police of Chile, and regional authorities in Araucanía Region and Biobío Region.
The constitutional text sets out categories—estado de sitio, estado de excepción constitucional por catástrofe, others—that the President of Chile may proclaim subject to timelines, congressional confirmation in the Chamber of Deputies of Chile and Senate of Chile, and judicial controvertible review by the Supreme Court of Chile and appeals to the Constitutional Court of Chile. Instruments require publication in the Diario Oficial de la República de Chile and coordination with statutes such as the Code of Military Justice (Chile) and administrative rules from the Ministry of National Defense (Chile).
Distinct categories authorize different instruments: estado de sitio permits restrictions on rights related to territorial security and involvement of the Chile Army; estado de excepción constitucional por catástrofe addresses responses to events like the 2010 Chile earthquake and allows mobilization of the Onemi and emergency powers referenced with the National Emergency Office (Chile). Measures can affect rights protected in the Constitution of Chile (1980), invoking norms also discussed in jurisprudence from the Inter-American Court of Human Rights and instruments adopted by the United Nations Human Rights Council.
Declarations have political consequences for coalitions such as Nueva Mayoría or Chile Vamos and influence public opinion measured by corporations like Cadem and media outlets including El Mercurio (Chile), La Tercera, and Radio Cooperativa. Social movements including the Mapuche conflict, the 2011–2013 Chilean student protests, and labor organizations like the Central Única de Trabajadores have contested measures, prompting debates in the Supreme Court of Chile, the Inter-American Commission on Human Rights, and forums at the UN Human Rights Council.
Judicial oversight involves the Supreme Court of Chile and the Constitutional Court of Chile, with constitutional challenges brought by actors such as regional governments, nongovernmental organizations like Amnesty International and Human Rights Watch, and political parties such as Party for Democracy (Chile) and Independent Democratic Union. International review has referenced precedents from the Inter-American Court of Human Rights and advisory opinions from the Inter-American Commission on Human Rights.
Notable instances include measures after the 2010 Chile earthquake and interventions related to the 2019–2020 Chilean protests, deployments in the Araucanía Region amid the Mapuche conflict, and emergency responses following the 2017 Chile wildfires. Each case invoked actors like the President of Chile, the Chilean Army, Carabineros de Chile, the National Congress of Chile, and oversight bodies such as the Supreme Court of Chile and the Constitutional Court of Chile, and produced litigation engaging international bodies including the Inter-American Commission on Human Rights and the United Nations Human Rights Committee.
Category:Politics of Chile Category:Law of Chile Category:Constitutional law