Anaya Nolan
Chile's legal system is based on civil law, which has its roots in Roman law and relies on codified law rather than precedential case law. The country's legal system is primarily based on the Chilean Civil Code of 1855, derived from Spanish law and other codes of Continental Europe of the 19th century. The Constitution of 1980, with several amendments, serves as the overall norm, and Parliament passes laws or statutes under this text. The main function of Congress is to enact laws, and the Senate and Chamber of Deputies work together to prepare and draft legislation. The Supreme Court of Justice, with 21 members, is the head of the Chilean Judiciary System and oversees the correct application of legislation.
| Characteristics | Values |
|---|---|
| Type of legal system | Civil law |
| Main source of law | Constitution of 1980, amended several times |
| Hierarchy of norms | Constitution, Parliament, laws or statutes |
| Main function of Congress | To enact laws |
| Senate members | 38 |
| Chamber of Deputies members | 120 |
| Head of the Chilean Judiciary System | Supreme Court of Justice |
| Supreme Court members | 21 |
| Supreme Court President term | 2 years |
| Supreme Court functions | Court of Cassation, standard application of the law, directive, correctional and economical superintendence of all the courts of the country |
| Number of Courts of Appeal | 17 |
| Judicial Branch | Empowered to hear civil and criminal trials, adjudicate them, and carry out the judicial decision |
| Criminal procedural law | Right to a fair trial, right to legal counsel |
| Arbitration types | Arbitration de jure, ex aequo et bono, mixed |
| Type of contracts | Domestic, international |
| Labor laws | Applicable to both national and foreign citizens |
| Intellectual property | Patents, trademarks, industrial property, copyright |
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What You'll Learn
Chile's legal system is civil law-based
Chile's civil law system means that it relies on codified law rather than precedential case law. There is no obedience to precedent in Chilean law, and each judge's sentence only affects the case on which it was dictated. However, the decisions of the Supreme Court are a strong precedent that is usually replicated by lower instance courts when deciding on similar cases. The Supreme Court of Justice is the highest jurisdictional body and is in charge of the directive, correctional, and economical superintendence of all the courts in the country, except for the Constitutional Court, the National Board of Elections, and the Regional Boards of Elections.
The Judicial Branch of Chile hears civil and criminal trials, adjudicates them, and carries out the judicial decision. There are over 350 judges specializing in various areas of law, such as juvenile, labor, criminal, and civil law. The Courts of Appeals serve as courts of second instance or review, overseeing and monitoring the courts within their jurisdictions.
Chile's criminal procedural law provides for the right to a fair trial, with national and regional prosecutors investigating crimes, formulating charges, and prosecuting cases. Trials are oral and adversarial, public, and judges rule on guilt and dictate sentences. The law provides for the right to legal counsel, and public defender's offices provide free professional legal assistance.
In addition to the Civil Code, Chile also has a Commerce Code that deals with basic matters of enterprises, and a body of law governing intellectual property, labor relations, and business contracts.
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The Constitution is the main source of law
Chile's legal system is based on civil law, which has its roots in Roman law and relies on codified law rather than precedential case law. The main source of law in Chile is the Constitution of 1980, which has been amended several times. The Constitution guarantees the full exercise of political rights, universal suffrage, and the principle of legality. It outlines the roles of the President, Congress, and the judiciary, and provides for a constitutional court that can review legislative acts and declare laws "not applicable" in individual cases.
The Civil Code of the Republic of Chile, passed into law in 1855 and coming into force in 1857, is another important component of the country's legal framework. The Code has been the object of numerous alterations, particularly in the areas of family law and the law of successions, to promote more equal relations between men and women and eliminate discrimination against children born outside of marriage. While judgments of a higher court can be appealed to the Supreme Court, there is no obedience to precedent in Chilean law.
The Supreme Court of Justice, composed of 21 members or "Ministers," is the highest jurisdictional body in Chile's judiciary. The Court oversees the correct application of legislation, exercises administrative and disciplinary control over other courts and judges, and acts as a Court of Cassation to maintain a uniform interpretation of the law. Below the Supreme Court are the Courts of Appeals, which serve as courts of second instance or review, and various specialized courts such as family courts and criminal trial courts.
In addition to the Constitution and Civil Code, Chile's legal framework includes other codes such as the Commerce Code, the Tax Law, and criminal procedural law. The country's legal system also provides for different types of arbitration and recognizes the authority of military courts in certain cases involving members of the military or police, human rights violations, and terrorist acts. Overall, Chile's legal system is influenced by Spanish law and other codes from Continental Europe, as well as more recent reforms inspired by U.S. and German legal systems.
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The Supreme Court is the highest court
Chile's legal system is based on civil law, which has its roots in Roman law and relies on codified law rather than precedential case law. As such, there is no obedience to precedent in Chilean law. However, the highest court in Chile is the Supreme Court, which is responsible for ensuring the standard application of the law to all similar cases, thereby maintaining a uniform interpretation of the law throughout the country. The Supreme Court is also in charge of the directive, correctional, and economical superintendence of all the courts of the country, except for the Constitutional Court, the National Board of Elections, and the Regional Boards of Elections.
The Supreme Court of Justice is made up of 21 members, called "Ministers". One of them is elected by their peers as President for a two-year term. Supreme Court Ministers are designated by the President of the Republic, who chooses from five candidates proposed by the Supreme Court, with the agreement of the Senate. Of the 21 members, 16 must be judges of the Courts of Appeal, and five must be lawyers not related to the judiciary system. All members must be lawyers with at least 15 years of professional experience and a distinguished professional or academic career.
The Supreme Court occasionally grants jurisdiction to military courts when formal charges are filed in civilian courts against a member of the military or police for acts performed on duty. This was particularly significant in human rights cases from the period covered by the Amnesty Law, as military courts were more likely to grant amnesty without a full investigation.
The main function of Congress is to enact laws. The Senate has 38 members, elected for an eight-year term, and the Chamber of Deputies has 120 members, elected for a four-year term. Chile is ruled by a hierarchy of norms, with the Constitution as the overall norm. Under this, Parliament should pass the laws or statutes, with an internal hierarchy of institutional acts, special acts, and ordinary acts.
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Congress enacts laws
The Republic of Chile has a civil law system primarily based on the Chilean Civil Code of 1855, derived from Spanish law and other codes of Continental Europe of the 19th century. The Civil Code has been in force since 1 January 1857 and has undergone numerous alterations, mainly in family law and the law of successions.
Similarly, in the US, Congress is the law-making branch of the federal government. A bill is a proposal for a new law or a change to an existing law. A bill can be introduced by a sitting member of the US Senate or House of Representatives, or it can be proposed during their election campaign. Bills can also be petitioned by citizens or groups who recommend a new or amended law to a member of Congress. Once a bill is introduced, it is assigned to a committee that researches, discusses, and makes changes to it. The bill is then put before the chamber to be voted on. If the bill passes one body of Congress, it goes through a similar process in the other body. Once both bodies accept a bill, they must work out any differences between the two versions.
The president then considers the bill and can choose to approve it and sign it into law or veto it. If the president vetoes a bill, Congress can vote to override the veto, and the bill becomes a law. However, if the president does not sign off on a bill and Congress is no longer in session, the bill will be pocket-vetoed by default, and Congress cannot override this action.
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Chile has a presidential system
Chile is a centralized country ruled by a presidential system. The Head of State is elected by direct universal suffrage every four years. The President is the supreme head of the nation and the government and is politically responsible for the general administration of the country. The President also has the exclusive initiative to establish new taxes by law. Executive power is exercised by the President and their cabinet, and legislative power is vested in both the government and the two chambers of the National Congress.
The main function of Congress is to enact laws. The Senate has 38 members, elected to an eight-year term, and the Chamber of Deputies has 120 members, elected to a four-year term. Each Chamber has standing committees that prepare and draft legislation. They both pass the statutes.
Chile's legal system is civil law-based and is primarily based on the Chilean Civil Code of 1855, derived from Spanish law and other codes of Continental Europe of the 19th century. The country's Constitution guarantees the full exercise of political rights, in accordance with the principle of popular sovereignty and with the laws derived from the Constitution. Suffrage is universal, equal, secret, and compulsory. The citizens and public powers are subject to the Constitution and the legal order. The judiciary operates independently of the executive and legislative branches and is headed by the Supreme Court of Justice. The Supreme Court's primary function is to act as a Court of Cassation, seeking the standard application of the law to all similar cases, to maintain a uniform interpretation of the law throughout the country.
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Frequently asked questions
Chile uses a civil law system, which is based on codified law rather than precedential case law.
The main source of Chilean law is the Constitution of 1980, which has been amended several times.
The hierarchy of norms in Chile is as follows: the Constitution, Parliament-passed laws or statutes (Ley), institutional act (Ley orgánica constitucional), special act (Ley de quorum calificado), and ordinary act (Ley ordinaria).
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