The Exercise of the Advisory role by the chilean Coincil of State Under the Prieto Administration

Abstract

The purpose of this paper is to analyze the advisory power conferred to the Council of State by the Constitution of 1833. This role is highlighted in order to show that, from the pre-legislative legal discussion raised within the administrative body, there were doctrinal or substantive aspects that explained the non-existence of a uniformity of ideas within the Pelucón trunk. The text will show that, on the occasion of amendments of articles, suppressions of norms and when rejecting outright the idea of legislating in some matters, different intellectual and juridical positions were expressed within the presidential advisory body during the government of José Joaquín Prieto. Also, this revealed the adoption of agreements, respected by the executive branch in most cases, despite the fact that the opinion of the advisory body was not binding. The methodology used consisted in a review and exposition of primary sources (council minutes, legislative body sessions and law bulletins) with secondary bibliography that demonstrate the legal and political differences between the council and the government.