Institutional and fundamental bases of the Constituent Process

According to article 154 of the Constitution, the proposal for a new Constitution to be submitted to plebiscite, must contains, at least, the following institutional and fundamental bases:

  1. Chile is a democratic Republic, whose sovereignty resides in the people.
  2. The State of Chile is unitary and decentralized.
  3. Sovereignty is limited by the dignity of the human person and the human rights recognized by international treaties ratified by the State of Chile and which are in force. The Constitution will enshrine that terrorism, in any of its forms, is in essence contrary to human rights.
  4. The Constitution recognizes indigenous peoples as part of the Chilean nation, which is one and indivisible. The State shall respect and promote their rights and cultures.
  5. Chile is a social and democratic State governed by the rule of law, whose purpose is to promote the common good; which recognizes fundamental rights and freedoms, and which promote the progressive development of social rights, subject to the principle of fiscal responsibility and through public and private institutions.
  6. The national emblems of Chile are the flag, the coat of arms and the national anthem.
  7. Chile has three separated and independent powers:   
    • Executive Power, with a head of government with exclusive initiative on the introduction of bills that have a direct impact on public spending.
    • Judicial Power, with jurisdictional unity and full respect for final and enforceable judicial rulings.
    • Bicameral nature of the Legislative Power, composed of a Senate and a Chamber of Deputies, notwithstanding the powers and functions of each one.
  8. Chile constitutionally enshrines, among others, the following autonomous bodies: Central Bank, Electoral Justice, Public Prosecutor’s Office and Comptroller General of the Republic (M.I.A Constitutional Court and Electoral Service).
  9. Chile protects and guarantees fundamental rights and freedoms such as the right to life, equality before the law, the right to property in its various manifestations, freedom of conscience and worship, the higher interests of the children and teenagers, freedom of education and the preferential right and duty of families to choose the education of their children, among others.
  10. Chile constitutionally enshrines the existence of the Armed Forces and the Law Enforcement and Security Forces, with express mention of Carabineros of Chile and the Investigative Police of Chile.
  11. The Constitution enshrines, at least, four states of constitutional exception: states of assembly, siege, catastrophe and emergency.
  12. Chile is constitutionally committed to the care and conservation of nature and its biodiversity.