Constitutional Tribunal reforms will be slow in Chile

Subject

Chile's Constitutional Tribunal.

Significance

Several controversial rulings by Chile’s Constitutional Tribunal (TC) have prompted accusations that it is usurping the functions of Congress. The challenge of striking a balance between the powers of a constitutional review system and those of the legislature is not unique to Chile, but it faces the additional difficulty of a widespread perception that the TC is an anti-democratic enclave left in place by the 1973-90 Pinochet dictatorship.

Impacts

• Controversy over the TC’s functions will persist primarily on the left, now in opposition.
• Reforming the TC will not be a priority for Pinera.
• With a centre-right government now in power, appeals for the TC’s prior review of legislation are likely to be fewer.