Proportionality in Chilean judicial and administrative jurisprudence

Main Article Content

Rodrigo Céspedes Proto

Abstract

This work examines the proportionality test as applied by the Chilean Labour Office, the Supreme Court and the Constitutional Court. This article also explains proportionality as a legal principle and the basis of fairness. I analyse the terms “principles” and “rules” according to ALEXY, considering the features of the Chilean and the “steps” in order to apply that test.

Article Details

Section
Jurisprudencia: comentarios
Author Biography

Rodrigo Céspedes Proto

Research Fellow, Max Planck Institute for Social Anthropology (Halle), Department of
Law & Anthropology. Correo electrónico: cespedes@eth.mpg.de