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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.

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