The use of Foreign law and International law by the Chilean Constitutional Court During 2006-2007

Abstract

On a double perspective on the use of Comparative law by constitutional judges in order to use extra-systemic or foreign elements in their argumentation, and on the constitutional doctrine that contemplates open constitutional systems and not self-centered ones, we will analyze whether the Chilean Constitutional Court uses the Constitutional Law and the Constitutional Jurisprudence of other Latin-American and European countries, as well as the International Conventional Law on Human Rights and the resolutions of their enforcement bodies. Likewise, we will analyze why during 2006-2007 the Constitutional Court used the Foreign and International Law.