Rights
1980 Constitution retained after two rejected replacement drafts
Chile remains governed by the 1980 Constitution, heavily amended in 1989 and 2005 and further reformed since. Two attempts to replace it wholesale were rejected by referendum, in September 2022 and December 2023, so the existing text continues in force. The Tribunal Constitucional reviews the constitutionality of legislation, and the recurso de protección gives fast judicial protection of listed fundamental rights.
Key rules
- Jurisdiction — Unitary state; national constitutional jurisdiction
- Deadline — Recurso de protección: 30 days from the act or omission complained of
- Deadline — Amparo (habeas corpus): available at any time
Governing law
- Constitución PolÃtica de la República de Chile1980, as amended
- Ley 17.997 - Ley Orgánica del Tribunal Constitucional
In practice
The two failed referendums are essential context for any current statement about Chilean constitutional law: proposals for a new charter were extensively debated and drafted but neither took effect, and the operative instrument is still the amended 1980 text. The recurso de protección is filed directly with a Court of Appeals and is the workhorse remedy for rights violations, including in health-insurance and environmental disputes.