The Judicialization of Chilean Politics: The Rights Revolution That Never Was

Abstract

In the 14 years since the return to democratic rule, the courts have been increasingly asked to defend civil and political rights as well as social and economic ones. One would have expected the courts to be assertive in the defense and expansion of individual rights. This, however, has not been the case. To the contrary, the Chilean courts have by and large refused to actively use their constitutional power of review to enhance individual rights.