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
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
