The constitutional lawyer Javier Couso referred to the statements issued this week by the Minister of the Segpres, Giorgio Jackson, who commented on the denomination “fair price” that the constitutional proposal establishes for cases of expropriation, which seeks to end the compensation for the effective patrimonial damage.
“When you look at the international experience of how this is mentioned in the laws in the world, in the United States it is ‘just compensation’, that is, this term is used, in France the same. So, if you pick up where the tradition of constitutional law comes from, there are also several references to this,” Jackson said in an interview on the Twitch platform, adding later that “there are times where, unlike justice, in the case of, for example, when there is a real estate bubble as happened in the United States, it may be that at some point the market price has nothing to do with what sets the fair price of a good.”
Speaking to El Mostrador en la Clave, Couso said Jackson “is misinformed and shouldn’t be.”
Later he clarified that during the elaboration of the proposal, the right-wing conventionals wanted to maintain the same norms currently in force in the Magna Carta, but that “the socialist collective proposed the idea of using the expression fair price as what will receive who is compensated and for this it had in sight about four five decades of jurisdiction of the Supreme Court.”
In that line, he added that “there is a law of expropriations in Chile” that goes into detail in the aforementioned controversy, since “that law will continue to be constitutional under the new wording.”
“There is no surviving unconstitutionality of the expropriation law currently in force. All these details escaped the reflection of Minister Jackson,” he said.
“I think it is important to clarify that in the current law of expropriations I do not see in it anything unconstitutional to approve this new proposal of fundamental text,” he concluded.
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