Beyond the Judicial Review of Public Power: The Horizontal Effects of Constitutional Rights in Chile

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Abstract

In classic constitutionalism, rights and freedoms were conceived as protection barriers against power, not against individuals. Nevertheless, today it does not seem so clear that constitutional rights have only the State as passive subject, at least since the German theory of Drittwirkung or the horizontal effects of constitutional rights. In this article, we will analyze the horizontal effects of constitutional rights in Chile, and how has been recognized and applied by the jurisprudence.

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Martínez-Estay, J. I., & Arancibia Mattar, J. (2017). Beyond the Judicial Review of Public Power: The Horizontal Effects of Constitutional Rights in Chile. In Ius Gentium (Vol. 61, pp. 423–443). Springer Science and Business Media B.V. https://doi.org/10.1007/978-3-319-55186-9_23

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