Notes for a Constitutional Reform on Access to Public Information, Publicity and Transparency

Authors

  • Francisco Zambrano Meza Universidad de Santiago

Abstract

The Constitutional Court is a body of constitutional control but does not emit the «official interpretation» of the Constitution and less a rigid consideration so that only a reform to the Political Code can overcome it. In terms of access to information, publicity and transparency, the Constitutional Court has not been able to establish stable criteria in its rulings, being hesitant with its own jurisprudence since 2012, with short-term contradictions or arguments based on precedents whose reading is partial or distorted. The proposed Constitutional Reform is necessary only to explicitly recognize what was already derived from the Constitution, not to innovate in the establishment of the principle of transparency, publicity or the right of access to public information.

Keywords:

Constitutional Court; Right of Access to Public Information; Constitutional Reform