translated from Spanish: TC versus Supreme: Letter from lawyers questioning the school’s support for the Constitutional Court

Last Wednesday, the Bar Association joined the debate and referred to the conflict facing the Constitutional Court with the Supreme Court, expressing a “serious concern” about who has the final say Chile’s legal system.
In fact, the College chaired by Leonor Etcheberry took sides and expressed support for the TC, arguing that “the country needs a strong judiciary that effectively defends people’s rights.” “The Constitution clearly establishes a concentrated control system in which, just as the TC cannot review the rulings of the other courts, they cannot review the rulings of the TC,” they said.
“Dissent”
But, over the course of hours, not all lawyers adhered to the official statement. Through a public letter, more than 50 professionals, most of the “All and All” movement – a left-wing one who participated in the last elections – made their disagreement public.
In the document, the lawyers express their support for the Supreme Court, and criticize the decision of the Council of the Bar Association, because it “makes an accusation against the judiciary of invading the competence of other bodies, reflecting a unilateral, biased and which hides the true meaning of the institutional problem.”
They also have words for the TC, stating that “the interpretation made by the Supreme Court is a manifestation of its autonomy and, in our view, represents the lack of institutional control held today by the Constitutional Court, without further counterweight” .
“The TC has fallen on numerous occasions in questionable decisions by acting as a negative legislator, declaring unconstitutional rules of its own motion, which violates the powers of the legislature as a democratic body in charge of that function.”, adding that: “The suspensions granted by the TC in cases of crimes against humanity is also criticized, denying with it access to justice to the families of the victims, serving as a strategy of impunity that violates the rule of law”, Added.
Lawyers finally call on “the authority to intervene legislatively to accurately resolve each other’s powers to provide legal certainty, where the College it must have a role to contribute in solutions, rather than taking sides with an organ as it did on this occasion.”
The Desk contacted the president of the Bar Association, Leonor Etcheberry, to refer to this letter, but did not respond to our calls.

Original source in Spanish