The Chilean Constitutional Court: Political or Legislative Jurisdictional Body? [1.2824]

Abstract

Although the control of constitutional supremacy is vital for the legal order, it seems to be, at the same time, the jurisdictional work most unknown by the people. The lack of knowledge that people have of this constitutional jurisdiction and the implicit conflict that this control entails, has put the Chilean Constitutional Court in the eye of the hurricane.  This is due to its design and the scope of its attributions, which since the constitutional reform of 2005 are a clear example of how to aggravate the conflict instead of attenuating it. Today, Chilean society does not understand the existence of this body, guarantor of the Constitution, which holds a seemingly unlimited power of objection against the majority, often to the detriment of collective interests.  Therefore, societyhas scrutinized what is the true nature of this court, and has wondered what is its jurisdictional work. Is it an organ or political instrument instead of a court? Is it a third legislative chamber?  These are questions that the Constitutional Convention will have to answer in order to design and define the scope of constitutional control for a new Constitution.