Derechos económicos, sociales y culturales como límites a las políticas públicas: El caso del derecho a la educación en Chile

Abstract

Concerning to the democratic legitimacy of a government it has become a common place to hold that the election by the citizens of a particular conglomerate to assume the government (democratic principle) gives it the legitimacy necessary and sufficient to implement public policies that its program or political contingency go demanding. The issue in discussion is whether public policy has or has not limit in human rights. Specifically, it will try to answer the question of whether it is legitimate and accordance with the law a public policy of a democratic government even though it threatens or injures social, economic and cultural rights. Specifically, we attempt to answer the issue whether it is legitimate and accordance with the law a public policy which does not fund the higher education state university and neither does not establish free the higher education in Chile, which is one of the most important social demands in recent years.