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Archive For Entries On Chile

Chile’s Constitutional Court Strikes Down Mandatory Free Legal Advice

The avarice of lawyers seems to be a widely-shared belief. Not in vain has the so-called legal profession received too many critiques around the world, being as they are often the most radical adversaries of the lower classes. I still remember a cartoon I once saw which said: “Little money… little law,” evidently suggesting (and [...]

When Courts Make Decisions Instead of the People: Chilean Constitutional Court Bans Contraceptive Pill

The Chilean Constitutional Court held, in a 5-4 decision, that the emergency contraceptive pill (the so-called “morning after pill”) was contrary to the right to life recognized in the Chilean Constitution. Some insight into the political backdrop of this case will assist in understanding the controversy that the Court faced and decided. By early 2006, [...]

Top Court Talk: Chilean Supreme Court Highlights

The Chilean legal system lacks stare decisis. According to article 3 of the Chilean Civil Code, legal decisions have binding force only on the specific cases for which they were written. On this basis, Chilean legal scholars have built the “legal decision narrow force” theory—depriving even the rationale behind decisions any legal force. This thesis [...]