Decisions by the Constitutional Court on Article 8 of the Political Constitution.: balance between advertising and the reasons for confidentiality and secrecy

Authors

  • Pilar Arellano Gómez Tribunal Constitucional de Chile

Abstract

The present paper ilustrates the relevant sentences pronounced by the Chilean Constitucional Court, in which applies the 8° article, in its first and second section, of the Chilean Constitution. The goal is to show the application of the aforementioned article, to let the legal community know how its been used, and therefore, understand the meaning of the obligatory nature of the publicity command. To achieve this objective this article shows the chosen sentences considering three topics, the validity al the publicity command in relation to the legal regulation; the limitations attached to the attributions of the Consejo para la Transparencia, and the supremacy of fundamental rights against the publicity command of state power.

Keywords:

Chilean Constitucional Court, publicity command, 8° article of the Constitution