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The right to a fair tribunal: critical analisys of jurisprudence

Authors

  • Valeria Lübbert Álvarez Abogada, Licenciada en Ciencias Jurídicas y Sociales de la Facultad de Derecho de la Universidad de Chile

Abstract

This paper analyzes jurisdiction as a specif applicative modality of law to concrete cases, established by the Constitution, and separated from the administrative and other law enforcement activities. From this perspective, it explores the extension of the concept of special commissions contained in the Constitution and its link to the concept of due process. It narrows the concept of special commissions, which is given by two elements: the establishment of atribunal by a non legislative measure, or its retroactive enforcement. Under this framework, the constitutional jurisprudence on special committees is analyzed and discussed.    

Keywords:

tribunal, fair tribunal, natural jugde, jurisdiction, special commission, ad-hoc tribunal