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Estudios constitucionales

On-line version ISSN 0718-5200


FERNANDEZ CANUETO, Daniel. The form of selection of the canadian constitutional court. A possible guide to the chilean constituent debate. Estudios constitucionales [online]. 2020, vol.18, n.1, pp.435-474. ISSN 0718-5200.

The purpose of the text is to spur debate on the appointment of magistrates, the procedure and the selection criteria of the Chilean Constitutional Court in the light of a foreign experience that we believe is interesting considering the content of the debates regarding the Constitution that They are being generated inside the country. To carry out our task, we have divided the article into two sections. A first, and even the most extensive, where the novelties regarding the appointment of magistrates, the procedure and the selection criteria of the Supreme Court of Canada will be analyzed, also briefly reviewing its history and its essential problems to obtain a better understanding of the context in which these innovations have been forged. And, finally, a second section, which will also coincide with the conclusions, in which we will try to explain the usefulness of the Canadian case for the current Chilean constitutional debate.

Keywords : Chilean Constitutional Court; Supreme Court of Canada; appointment; procedure and selection.

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