Constituent deliberation and the judiciary:

“blank sheet”?

Authors

  • Lucas Sierra Iribarren

DOI:

https://doi.org/10.70635/riej.vi6.173

Keywords:

Constituent process, constitutional regulation of the jurisdiction, constitutional history, reform the jurisdiction, blank sheet

Abstract

The possibility of a constitutional changing process in Chile offers an opportunity to improve the constitutional regulation of the judiciary. This regulation has a long history, at least from the Constitution of 1828 but even before. The paper reviews this history under four subject matters: judicial function, organization, statute of judges and legal actions. This review shows change regarding some aspects and persistence regarding several others. With this analysis in view, some proposals for improvement are advanced. These are made in relation to a way of understanding the idea of a “blank sheet” that has been with the possible constitutional deliberation. The opportunity for improving the constitutional regulation of the judiciary in the way that idea is understood.

Published

2020-12-30

How to Cite

Sierra Iribarren, L. (2020). Constituent deliberation and the judiciary: : “blank sheet”?. Journal of Judicial Studies, (6). https://doi.org/10.70635/riej.vi6.173

Issue

Section

Research Articles or Essays