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“Bases and foundations of a progressive constitutional proposal.” This is the title of the 101-page document presented this Thursday by the communities of the Progressive Convergence. At the headquarters of the Socialist Party, the helmsmen Álvaro Elizalde (PS), Carlos Maldonado (PR) and Heraldo Muñoz (PPD), along with some of the nearly 50 lawyers who participated in the preparation of the text, released the first major content proposal for a new Constitution of the center-left.
Reforms to the three powers of the State, the economic system, the consecration of new fundamental rights and modifications in the territorial separation of the country are some of the approaches that will be fundamental for the opposition to reach rapprochement on the matter. Here are his boldest proposals.
One of the issues with the greatest agreement on the center-left is going from a presidential regime to a semi-presidential one. Specifically, this approach would create a new figure in the Executive Power: the first Minister, who would assume the head of government. While, the head of state would continue to be the President of the Republic. With this modification, in addition, the attributions that today belong to the President would be distributed, such as those related to appointments to State bodies or the right to veto any law. Likewise, the prime minister would be the in charge of appointing the cabinet.
The prime minister, meanwhile, will be dependent on the Chamber of Deputies. On this point, the document provides options for the appointment system, which could be through an election in that corporation or, instead, after being appointed by the President with the agreement of the Chamber.
For its part, the new semi-presidential regime would confer on the President the authority to resolve conflicts between the Executive and the Legislative: dissolve Congress and call early elections. This power, they say in the text, would have to be applied at the request of the government or given the impossibility of “forming a government”.
Likewise also It includes the possibility that the lower house impels a vote of no confidence to the prime minister, although they do not venture to define its operation. Despite this, the document calls for these powers to be “Rationalized”, because “the abuse of this mechanism produces the instability of the governments”.
In the document they assure that the Constitution should emphasize the “social function” of the right to property. “(It) should emphasize the idea that property obligates and that its use should serve the common good at the same time. Along these lines, the social function of the right to private property will be guaranteed, delimiting its content in accordance with the law ”, they argue.
Likewise, they also ensure that Free private economic initiative must be guaranteed, but without it developing “in opposition to the social interest.”
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A “Joint republic”. That is one of the points included in the text, which emphasizes the need for appointments to all positions in the State to be equal.
In this sense, in the proposal of the PS, PR and PPD they go a step further: that it be established “Parity democracy” as an election mechanism for all representative positions.
A reduction of the term from eight to four years with the possibility of only one reelection. That is one of the modifications for the position of senator that they propose in the document, where they also review some of the powers of the Upper House.
In this sense, in the text they maintain that, if a semi-presidential regime is adopted, both the Senate and the Chamber of Deputies will maintain the legislative exercise, but the latter corporation will have more powers to insist with their bills.
Likewise, the Upper House would not have any powers regarding the appointment of the prime minister.
Likewise, in the document they maintain that the new Constitution must contain an allocation of reserved seats for indigenous peoples in both houses of Congress. In this sense, the lawyers estimated that this number will be made in proportion to the population census and the electoral roll of indigenous peoples.
One of the principles on which there would already be agreement in the majority of the opposition sectors is that the new Constitution consecrates Chile as a “Social and Democratic State of Law”. What does that mean? According to the document of the Progressive Convergence, it is based on the principle that a “Social State” cannot leave “those who are excluded” in distress, while at the same time A “rule of law” protects individual rights by limiting the exercise of power under a principle of legality. Likewise, this type of State also safeguards the democratic character of the Republic. Despite this, in the document they recognize that this modification is not intended to be “a universal remedy”.
As another point, the text also proposes the change from a “Unitary State” to a “Regional State”, that endows the regions with greater power.
