Send article
i

The Public Law Journal of the Universidad de Chile invites national and foreign authors to participate in the next issue of the Journal, corresponding to the second semester of 2024.

Articles must conform to the editorial guidelines, which can be found at: https://revistaderechopublico.uchile.cl/index.php/RDPU/about/submissions

The papers are subjected to a blind peer review process.

 

A general dogma for fundamental rights in Chile

Authors

  • Pablo Ruiz-Tagle Vial Universidad de Chile
No. 63 (2001): Tomo 1
https://doi.org/10.5354/rdpu.v0i63.36000

Abstract

This paper explores the ideas that have existed in Chile about constitutional rights and aims to show how these ideas have not necessarily coincided with the most up-to-date and comprehensive conception of fundamental rights. For these purposes, a distinction is made between what has been called the Chilean constitutional tradition and the most recent doctrines that have been called constitutional doctrines of "pontifical" character and inspiration, and which are characterized by being intuitive and aspiring to serve as a total criterion. resolution of the universe or the entire class of constitutional questions in all types of procedures. The most extreme case of this group of doctrines advocates a supposed hierarchy of constitutional rights. Likewise, a set of alternative doctrines are identified that are described as more reasoned and with a partial scope, as well as their doctrinal and jurisprudential expression. Finally, some ideas that have been proposed in comparative law on the notion of fundamental rights are reviewed, in order to contrast them with Chilean constitutional law and ultimately verify their possible application and affinity in our legal system.

Keywords:

General dogma, Fundamental rights, Constitutional doctrine

Downloads

Altmetrics
How to Cite
Ruiz-Tagle Vial, P. (2015). A general dogma for fundamental rights in Chile. Revista De Derecho Público, (63), Págs. 179–199. https://doi.org/10.5354/rdpu.v0i63.36000
ACM ACS APA ABNT Chicago Harvard IEEE MLA Turabian Vancouver
Endnote/Zotero/Mendeley (RIS) BibTeX
 
Revista de Derecho Público
Facultad de Derecho
Universidad de Chile
DATOS DE INVESTIGACIÓN
Dirección de Servicios de Información y Bibliotecas (SISIB)