Beyond the Judicial Review of Public Power: The Horizontal Effects of Constitutional Rights in Chile

Research output: Chapter in Book/Report/Conference proceedingChapterpeer-review

Abstract

In classic constitutionalism, rights and freedoms were conceived as protection barriers against power, not against individuals. Nevertheless, today it does not seem so clear that constitutional rights have only the State as passive subject, at least since the German theory of Drittwirkung or the horizontal effects of constitutional rights. In this article, we will analyze the horizontal effects of constitutional rights in Chile, and how has been recognized and applied by the jurisprudence.
Original languageAmerican English
Title of host publicationRule of Law, Human Rights and Judicial Control of Power
PublisherSpringer
Pages423-443
ISBN (Electronic)978-3-319-55186-9
ISBN (Print)978-3-319-55184-5
DOIs
StatePublished - 2017

Keywords

  • Drittwirkung in Chilean constitutional law
  • Chilean jurisprudence

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