Theory of Principles and Fundamental Rights in Chile

Abstract

The paper describes and reviews the theory of the principles in the Chilean constitutional literature and case law. First, the paper classifies the scholar work according to their level of intensity in the reception of the theory and their compatibility or critical approach to it. Second, it analyses part of the constitutional jurisprudence about conflicts of rights, in the decisions of the Courts of Appeals, Supreme Court and Constitutional Court. From there, it is concluded about the development and comprehension of the principles theory in Chile.