The reasonableness principle in the jurisprudence of the Constitutional Court

José Ignacio Martínez, Francisco Zúñiga Urbina

Research output: Contribution to journalArticlepeer-review

8 Scopus citations

Abstract

The law offers several potential solutions applicable in a case. Determining which one is right implies discover which one is most reasonable. In this paper we analyze the origin of the reasonableness principle and the way it has been developed in the U.S. We also analyze how this principle has been enshrined in the Chilean Constitution, and how it has been applied by the jurisprudence of the Chilean Constitutional Court, to finally extract a list of reasonableness criteria emanating from this jurisprudence.

Translated title of the contributionThe reasonableness principle in the jurisprudence of the Constitutional Court
Original languageSpanish
Pages (from-to)199-226
Number of pages28
JournalEstudios Constitucionales
Volume9
Issue number1
DOIs
StatePublished - 2011

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