Abstract

SOLARI, Enzo. A choice for the hypertrophy of the chilean constitutional review. Rev. Derecho Estado [online]. 2015, n.35, pp.201-241. ISSN 0122-9893.  https://doi.org/10.18601/01229893.n35.08.

This paper posits that there is a growing consensus on the need to reduce the powers of the Chilean constitutional court, while conceding that this issue has received little treatment to date. The general purpose of constitutional justice would be to do something particular, different from what government or congress does; namely to look out epistemically for the results of the democratic process. And a specific and contextualized defense of constitutional justice could lead to a form of weak and dialogic constitutionalism along the lines of the new Commonwealth model of constitutionalism.

Keywords : Judicial review; democracy; epistemic justification; weak constitutionalism.

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