The obligation of justifying the Chilean Constitutional Court’s decisions

Abstract

The justification of the Constitutional Court’s decisions is a poorly tackled issue in legal norms and almost ignored by specialized literature in Chile. The article analyzes the Chilean law on the matter, highlighting the importance of a deeper reflection on the obligation of justifying constitutionality judgments adequately. This topic acquires particular relevance, given the criticism against the Constitutional Court related to its shortage of democratic legitimacy. In its last section, the article explores a promising avenue to set up the tenets of a model to provide more concrete content to motivate judgments in the constitutional sphere considering the problem aforementioned.