The political-right dichotomy and the Designation of judges in Chile

Abstract

In the present work we will analyze the external independence of the judges, in the light of the principle of independence and impartiality of the judge, taking into account the express norms of the Political Constitution, interpreted in the light of the objectives pursued by the principle of separation of powers , especially in the sense developed by international human rights standards. On the other hand, the possibility of carrying out an analysis of conventionality is raised, through which they could be reviewed in accordance with international standards, norms of any hierarchy, including norms of the Constitution itself. Especially productive, the application of the international standard of human rights, for the conforming interpretation and more favorable to the fundamental rights, of the applicable norms may result.