Criteria established by the Supreme Court and the Constitutional Court regarding the essential content of Due Process

Authors

  • Paulino Varas Alfonso Profesor Titular de derecho Constitucional, Miembro del Senado Universitario, Universidad de Chile

Abstract

I. The Jurisprudence of the Full Court of the Supreme Court 1. Considering clauses 20 and 21 of the Judgment of August 8, 2000, role 1920-200, relapse in the proceedings on impeachment of Senator Augusto Pinochet Ugarte: "That established, as it has been, that the management of impeachment does not have the characteristics of a trial or proceeding, it must, logically, be concluded that the guarantees of "due process" are not applicable to it. However, this Court will analyze this institution, in order to resolve whether, in the present administration, any of the the principles included in this concept. Due process of law constitutes an institution with the oldest legal roots. It has been estimated that from Chapter 39 of the English Magna Carta of 1215 this right of the Norman barons was developed, compared to the King "Juan Sin Tierra" not to suffer arbitrary arrest or imprisonment, and not to be molested or dispossessed of his property without the legal judgment of his peers and through due process of law. The pertinent passage of the Magna Carta mentioned said : "No free man shall be arrested, or detained in prison, or deprived of his property, or in any way molested; and we will not go looking for him, nor send for him, save by the legal judgment of his peers and by the law from which he was born."

Keywords:

Supreme Court, Constitutional Court