LOS PROBLEMAS PERSISTENTES DE LA JUSTICIA CONSTITUCIONAL CHILENA Y LOS PROCESOS CONSTITUYENTES

The article analyzes the development of Chilean judicial review in the context of constitutional change in Chile. In order to identify the lessons learned after a decade of constitutional deliberation, three constituent processes, and their respective new constitution projects, I describe the evolution of the Chilean Constitutional Court since 1970 and during the ruling of the 1980s Constitution. The analysis will demonstrate that the debate on the new Constitution will progress in parallel with the discussion about the legitimacy crisis of the Chilean Constitutional Court, identifying the most relevant problems in this regard. Finally, the paragraph examines how these problems have been addressed in the design of judicial review and constitutional courts as outlined in the projects of the New Constitution of 2018, 2022, and 2023.