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Original article: Diputado impulsa proyecto para disolver el Congreso ante la llegada de Kast a la presidencia

The initiative by Gaspar Rivas aims to grant extraordinary powers to the Executive to legislate by decree.

On November 23, independent lawmaker Gaspar Rivas formally presented the text, which is currently before the Commission on Constitutional Matters, amid a political landscape shaped by the recent electoral win of José Kast. The proposal has been introduced as a constitutional reform that would empower the President to dissolve Parliament if lawmakers reject projects deemed essential.

The core of the proposal is the establishment of a «State of Justice,» a concept that would enable the President to issue decrees to «correct a mistake or resolve an urgent problem,» even without legal authorization. According to the text provided by the deputy, this measure is intended to prevent the President from being «handcuffed» by a legal principle that Rivas describes as a «blind and thoughtless submission» to community needs. In this context, if legislators reject or substantially amend an annually declared measure as «Essential for the Superior Interest of the Nation,» the Head of State would have the authority to dissolve the National Congress, calling for new elections within 180 days.

During the six-month period following a potential dissolution, the President would fully assume legislative functions through decrees, without preventive controls from the Comptroller’s Office or limitations regarding organic laws. Rivas defends this stance by arguing that Parliament has «sabotaged or distorted» government initiatives due to «ideological prejudices.»

It is worth noting that this is not the first time the legislator has challenged constitutional norms, as in 2023 — while still a member of the PDG — he stirred controversy by stating in the Education Commission that «that young lady called the Constitution can be violated as many times as necessary.» This controversial phrase, which Rivas attributed to a quote from Diego Portales, earned him calls for censure and accusations of promoting violence.

The proposal has already received negative feedback from various sectors, with Deputy Lorena Fries (FA) warning that it represents the «initial phase of the emptying of democracy,» while Raúl Leiva (PS) asserted that it lacks democratic grounding. Meanwhile, Deputy Camila Flores (RN) deemed the idea irresponsible, stating that it seeks to concentrate power in the President, undermining institutional checks and balances.

Ultimately, this measure would allow the new government to automatically eliminate laws currently in force, leading to a concentration of control in the Executive, which would impact democracy.

Review the proposal:

La entrada Lawmaker Proposes Bill to Dissolve Congress Following Kast’s Presidential Victory se publicó primero en El Ciudadano.