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Publicity of votes and dissenting and concurring opinions in the chilean Constitutional Court: A critical review

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No. 90 (2019): 1er. Semestre
https://doi.org/10.5354/0719-5249.2019.53995

Abstract

The legal regulation concerning how the Chilean Constitutional Court make its decisions, that is, the legal rules about how the court’s rulings have to be produced, imply that its members: 1) have to vote about the resolutive part of the opinion and its justification; 2) must express their votes and their concurring and dissenting opinions; and 3) that such votes, and concurring and dissenting opinions have to be nominal, that is, that the names of the opinions’ authors are public. Starting from a concept of legitimacy of Constitutional Courts based on their independence and neutrality in the context of a constitutional democracy, I offer a critical review of the effects produced by the aforementioned rules since they affect the Chilean Constitutional Court’s legitimacy through the creation of incentives which lead to an excessive «personalization» of its decisions and to the defense of extreme viewpoints by the judges.

Keywords:

Constitutional courts, legitimacy, dissenting opinions, publicity

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How to Cite
Orellana Ramos, E. P. (2019). Publicity of votes and dissenting and concurring opinions in the chilean Constitutional Court: A critical review. Revista De Derecho Público, (90), 61–77. https://doi.org/10.5354/0719-5249.2019.53995
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Revista de Derecho Público
Facultad de Derecho
Universidad de Chile
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