Constitutional theory on property in Chilean law

Abstract

The author describes the current state of Chilean constitutional theory regarding the right of property. He does it by examining the regulatory history of this right, the records of the Comisión de Estudios de la Nueva Constitución (Commission for the Study of the New Constitution) and the most relevant judicial decisions on the subject. The aim of this paper is to reveal the deficiencies of this theory and to propose the basis for a redefinition of the meaning of the constitutional guarantee of property.