The Chilean constitutional judicial system regarding liberty rights. An analysis based on the values of legal certainty and constitutional equality

Abstract

In the Chilean constitutional judicial system the Constitutional Court and the ordinary courts protect and give meaning to fundamental rights. This dual system of constitutional jurisdiction has resulted in the existence of different approaches and levels of protections of the rights involved. Dual constitutional jurisdiction violates the value of legal certainty and the Constitution's equal protection clause. In this article the author explains the sources of this problem and proposes lege data and lege ferenda solutions to achieve more certainty and equality in the judicial protection of fundamental rights of citizens.