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The Public Law Journal of the Universidad de Chile invites national and foreign authors to participate in the next issue of the Journal, corresponding to the second semester of 2024.

Articles must conform to the editorial guidelines, which can be found at: https://revistaderechopublico.uchile.cl/index.php/RDPU/about/submissions

The papers are subjected to a blind peer review process.

 

Transparency and constitutional jurisdiction

Authors

  • Gladys Camacho Cépeda Profesora de Derecho Administrativo, Universidad de Chile

Abstract

The article examines the transparency obligations that the Constitutional Court must comply with as a public body. It gives an account of the legal regime that applies to the Court on this matter, which is made up of both those provisions of Law 20,285 that apply to it, and the modifications introduced to its organic law by Law 20,381. The effectiveness of the transparency of the Constitutional Court is substantial to legitimize the function that it fulfills, which is, to ensure the institutional validity within the constitutional framework. Therefore, the status of compliance with active transparency obligations is explored; The difficulties that the Court must overcome to comply with the requirements of the principle of publicity are identified, not only of the jurisdictional information but also that of an administrative and management nature of the public resources that it is in charge of. Finally, other aspects are raised that are also relevant to ensure transparency on the part of the Court.

Keywords:

Public information, Constitutional jurisdiction, Transparency, Publicity, Constitutional Court