Chilean national plebiscite, 1980

The National Plebiscite of 1980 in Chile was a referendum held on September 11, 1980 in order to approve the 1980 Political Constitution of the Republic of Chile as a replacement for Chile's 1925 constitution. The result was 4,204,897 (67.04%) votes in favor and 1,893,420 (30.19%) votes against ratification. This plebiscite has been, and continues to be, questioned regarding irregularities in its management.

This election made way for the military regime of Augusto Pinochet, solidifying his position as President of the Republic (with increased powers) for 8 years, when he would face a yes-or-no reelection plebiscite. Further plebiscites, beginning in 1989 with Pinochet's loss of power, and most recently in 2005, have acted to make the constitution more democratic.

Plebiscite

In the election, Chileans older than 18 years of age (including the illiterate and blind) and foreigners with legal residence in Chile older than 18 years of age who could prove their proper immigration status, were allowed to vote. Participation was obligatory, except for those who were physically or mentally impaired, or imprisoned.

In order to vote, the only document required was a certificate of identity issued by the Civil and Identification Registry Service.

Results

The results supplied by the "Colegio Escrutador Nacional" (National Election Observer Association) were as follows.

New constitution

In its original permanent dispositions, the new 1980 constitution gave the position of President of the Republic, held by Pinochet, a large amount of power. It created some new institutions, such as the Constitutional Tribunal and the controversial National Security Council (COSENA). In its temporary dispositions, the document ordered the transition from the former military government, with Augusto Pinochet as President of the Republic, and the Legislative Power of the Military Junta (formed by the heads of the Navy, Air Force, National Police, and a representative of the Army, the head of the Army being president of the republic), to a civil one, with a time frame of eight years, during which the Legislative Power would still be the Military Junta. It set the first eight year presidential term for Pinochet, with a plebiscite in the eighth year, in which only one candidate, nominated by the Junta, would be up for acceptance.

The candidate, as expected, was Pinochet himself. While the steps to follow in the case of a triumph of the "yes" option, which the document clearly anticipated, were clearly delineated, the steps for the "no" triumph were less so, but still clear enough that no serious doubt emerged when the "no" option actually was victorious in the 1988 plebiscite.

Some of the 1980 constitution's original dispositions, such as the presidential power of dissolving the Lower Chamber of Congress and serving eight year terms with possibility of reelection, were modified or eliminated after 1990, when the country regained its democracy and the Congress was reestablished.

Consequences

The results of the plebiscite approved the Constitution of 1980. However, the given results were objected to by the political opposition, headed by the ex-senator Patricio Aylwin and more than 46 others , arguing that this result did not tally with electoral records. One objection was that voters were only marked by ink on the thumb, which came off rapidly, making electoral fraud easy. These criticisms were rejected by the Scrutiny Association, and the Constitution was promulgated on October 21, 1980.

The new constitution took effect on March 11, 1981. On this date a transition period of eight years began, during which General Pinochet, acting as President of the Republic and the Military Regime ("Junta"), exercised constituent and legislative power.

References

* cite journal
author= Nazer A., Ricardo y Rosemblit B., Jaime
title = Electores, sufragio y democracia en Chile: una mirada histórica
year = 2000
publication = Revista de Humanidades y Ciencias Sociales
volume =
number = 48
id =
* cite book
author = Silva Bascuñán, Alejandro
title = Tratado de Derecho Constitucional. Tomo III: La Constitución de 1980. Antecedentes y génesis.
year = 1997
publication = Santiago de Chile: Editorial Jurídica de Chile
id = ISBN 956-10-1178-6
* Decree 3465 of August 8, 1980, Interior Ministry of Chile.
* [http://www.bcn.cl/pags/legislacion/leyes/resena_const.htm Brief review of Chile's constitutional history] - Chile's Library of Congress (in Spanish)

External links

* [http://confinder.richmond.edu/admin/docs/Chile.pdf Official translation of the original 1980 Constitution] (PDF file)
* [http://www.bcn.cl/pags/legislacion/leyes/constitucion_politica.htm Text of Chilean constitutions] - Library of Congress of Chile (Spanish original)