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The Public Law Journal of the Universidad de Chile invites national and foreign authors to participate in the next issue of the Journal, corresponding to the second semester of 2024.

Articles must conform to the editorial guidelines, which can be found at: https://revistaderechopublico.uchile.cl/index.php/RDPU/about/submissions

The papers are subjected to a blind peer review process.

 

Primary elections nature

Authors

  • María Pía Silva Gallinato Universidad Católica de Chile
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Abstract

The article tries to determine the real character of the primary elections, made by political parties or political conglomerates to nominate their candidates for popular elected political appointments, considering that, with the liberty that the Constitution guarantees them, those elections are a tool that political parties can use to fulfill their unique goals. For this purpose, the Constitutional Court is criticized for a sentence that considered this elections as popular elections, and highlights the way the constituent has refereed them through the Law Nº 20.414, and a decision of the Tribunal Calificador de Elecciones that is analysed, all which it contributes to clarify the real nature of the primary elections.

Keywords:

Primary elections , Political parties , Democracy inside the political parties