Abstract
The paper criticizes recent case law by the Chilean Constitutional Court regarding probation granting. It contains criticism of the two substantive (and incompatible) reasoning lines developed by the Court, the type of institutional orientation that the generation of those two lines supposes and, especially, the institutional understanding and consequences expressed by these decisions.
Translated title of the contribution | A worrying development: on a recent trend in the constitutional review of criminal laws |
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Original language | Spanish |
Article number | e3859 |
Number of pages | 35 |
Journal | Revista de Derecho (Coquimbo) |
Volume | 26 |
DOIs | |
Publication status | Published - 26 Nov 2019 |
Keywords
- criminal law
- constitutional review
- proportionality principle
- aims of punishment