Chile · Overview
The legal system of Chile
A strongly unitary civil-law system built on Andrés Bello's Civil Code of 1855, one of the most influential codes ever drafted in the Americas and still in force with amendments. Chile remains governed by the 1980 Constitution: two attempts to replace it, in 2022 and 2023, were both rejected by referendum, so the text survives with the extensive 2005 reforms that removed appointed senators and restored civilian control of the armed forces.
Legal tradition
Chile belongs to the civil law tradition. A strongly unitary civil-law system built on Andrés Bello's Civil Code of 1855, one of the most influential codes ever drafted in the Americas and still in force with amendments. Chile remains governed by the 1980 Constitution: two attempts to replace it, in 2022 and 2023, were both rejected by referendum, so the text survives with the extensive 2005 reforms that removed appointed senators and restored civilian control of the armed forces.
How power is divided
Unitary. Sixteen regions administer but do not legislate. Regional governors have been directly elected since 2021, which shifted real power away from the centrally appointed delegates, but legislative competence remains exclusively national.
Where law comes from
- Constitution
- Supreme; interpreted authoritatively by the Constitutional Tribunal.
- Leyes and decretos con fuerza de ley
- Organic constitutional laws require elevated majorities.
- Codes
- Civil Code (1855), Penal Code, Labour Code, Code of Criminal Procedure (2000).
- Case law
- Not binding; the Supreme Court unifies interpretation through cassation.
The legal profession
A five-year degree, a supervised practice period, and admission by the Supreme Court itself, which is unusual — the Court, not a bar, confers the title of abogado. Membership of the Colegio de Abogados has been voluntary since 1981, so the Court retains disciplinary jurisdiction over misconduct.
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