Neoconstitucionalism and appeal to values in the jurisprudence of the chilean constitutional court

Abstract

This paper describes the main patterns of the so called "new constitutionalism" in the current doctrine. The use of values in constitutional adjudication deserves special attention, as well as its contradictions and problematic consequences before the concept of constitution. It is argued that, in some extent, the new-constitutionalism may not be new neither constitutional.