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

José Ignacio Martínez-Estay; Jaime Arancibia Mattar

doi:10.1007/978-3-319-55186-9_23

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

José Ignacio Martínez-Estay^*, Jaime Arancibia Mattar

^*Corresponding author for this work

Research output: Chapter in Book/Report/Conference proceeding › Chapter › peer-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 language	English
Title of host publication	Rule of Law, Human Rights and Judicial Control of Power
Publisher	Springer Science and Business Media B.V.
Pages	423-443
Number of pages	21
ISBN (Electronic)	978-3-319-55186-9
ISBN (Print)	978-3-319-55184-5
DOIs	https://doi.org/10.1007/978-3-319-55186-9_23
State	Published - 2017

Publication series

Name	Ius Gentium
Volume	61
ISSN (Electronic)	2214-9902

Bibliographical note

Publisher Copyright:
© 2017, Springer International Publishing AG.

Keywords

Drittwirkung in Chilean constitutional law
Chilean jurisprudence

Access to Document

10.1007/978-3-319-55186-9_23

Cite this

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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.",

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Beyond the Judicial Review of Public Power: The Horizontal Effects of Constitutional Rights in Chile. / Martínez-Estay, José Ignacio; Arancibia Mattar, Jaime.
Rule of Law, Human Rights and Judicial Control of Power. Springer Science and Business Media B.V., 2017. p. 423-443 (Ius Gentium; Vol. 61).

Research output: Chapter in Book/Report/Conference proceeding › Chapter › peer-review

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T1 - Beyond the Judicial Review of Public Power

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AU - Martínez-Estay, José Ignacio

AU - Arancibia Mattar, Jaime

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N2 - 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.

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

Abstract

Publication series

Bibliographical note

Keywords

Access to Document

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