Toha y posibilidad del TC por Ley Naín Retamal: "No debemos llegar a ese límite"

A recent article titled “Toha y posibilidad del TC por Ley Naín Retamal: ‘No debemos llegar a ese límite’” caught my attention because it discusses the possibility of using the Chilean Constitutional Court’s powers as a safeguard against the legislature’s infringement of constitutional rights.

In the article, Deputy Alejandra Sepúlveda Toha expresses her concern about the possibility of forcing the Constitutional Court to intervene through a law proposed by Deputy Nain Retamal that would allow ordinary courts to declare a law unconstitutional. Although this could be seen as a way to protect citizens’ rights, Toha argues that it is not the best way to go about it. She further explains that the Constitutional Court serves as a safeguard, but it should not be put in a position to intervene in every single case.

Toha also urges that the government focus on solving systemic issues such as inequality and corruption and avoid reaching constitutional limits. Therefore, the constitutional rights of Chileans can be protected through robust democratic institutions.

In my personal experience, this is not an isolated issue. Many countries face similar challenges in balancing democracy and the rule of law. On the one hand, citizens expect their constitutional rights to be protected, but on the other hand, overreliance on judicial institutions can lead to weakened democratic institutions.

To conclude, the article highlights the debate regarding the use of Constitutional Court powers in Chile to protect citizens’ rights. It emphasizes that democracy and the rule of law must be at the forefront in preserving citizens’ fundamental rights. It reminds us that while the Constitutional Court is an essential safeguard, it should not be relied on to intervene in every case. Instead, solutions to the systemic issues in place should be sought to prevent the infringement of constitutional rights.