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IV Congress Student

Although already several days ago, I would like to share with you some observations and reflections made during the Fourth Congress Student of law and constitutional theory. This conference is the largest gathering of its kind nationwide (maybe even within Latin America), where issues are discussed both constitutional law and the law in general. I think the issues raised are of great interest not only for law students but for anyone who is interested in public / political and anxious that issues related to the fundamental rights established in our Constitution.

Then leave some notes I took during the plenary. Unfortunately I get only two of the four, but I think that I could go, they took the juice and learned a lot. Gladly share what I could salvage from each presentation:

Day 2: Judges and Democracy: the role of the judge and the institutional setup of the judiciary in contemporary democracies.

Eduardo Aldunate (PUC Valpo):

• Historically, the judge and rule have been united (kings, judges)
• The law is conceived as an object of a human decision (act will). This will set out in regulatory bodies, mainly in the law. The rules embodied mandates that judges must follow. ---> Building
• law Ideological Construction of rationalistic concept of the body governed and the role of the citizen has various ways of being analyzed and corrected. This construction relies heavily on the language as a means of law (language element). But the possibility of accurate transmission of the message delivered by the legislature to judge almost zero, because of the role of the linguistic interpretation of the rule (the difference between literal meaning and tone of the standard).
• The issue of judges and democracy there by role of the judge before the application of the rule in the context of a democracy.
• Our culture does not easily accept that the judicial system is human and we remove the judge of politics and humanity, to accept the trial as something separate from us, abstracting the statement of context "human "---> fallacy of judicial construction.
• However, we seek that the judge did not hinder democracy as a dichotomy remains unresolved.
• Any judge is human and will have a political bias. Thus, the question should not be whether or not the political issue in the judiciary, but how to regulate the organic level of court decisions, without affecting their autonomy. It must find ways to implement the responsibility to judge their decisions.
• must accept the linguistic value judgment action by the judiciary when interpreting a rule. Make stabilizing political role in pursuit of rationality.

Reflection: It seems very interesting linguistic element analysis by Professor Aldunate, I have always drawn much attention to the relationship between language and behavior. I think it would be interesting to delve into this subject at another time and see how the use of language has affected the normative creation and interpretation of it. During the presentation, this presentation was the most questioned by the public, so that gave me the impression that they had some logical gaps in the argument of Professor Aldunate. However, it seemed a valid and correct position on the role of judges to democracy.

Luis Cordero (U. de Chile)

• modern constitutional texts, for historical reasons (world wars ...), have sought to limit the powers of certain elements of society and politics --- > check and balance systems. Features
• judge: Adjudication and enforcement. Technical Professional. Independence and autonomy. Efficiency and Effectiveness.
• Los parlamentos han dejado parte de las decisiones de políticas públicas a las agencias administrativas del sistema político, a través de mecanismos jurídicos.
• Los jueces han tenido que especializarse cada vez más y se desconfía cada vez más de los jueces generales. Se buscan sentencias más técnicas y, por ende, irrevocables.
• Crítica al poder interpretativo de la Contraloría ---> tiene poder para interpretar tanto la ley como la Constitución y su jurisdicción y jurisprudencia es obligatoria. Tiene un rol de legislador positivo.
• Rol del juez y la democracia se determina en el diseño institucional.

Reflexión: Muy buena presentation. I found very interesting criticism of the Comptroller, for his immense power of interpretation that goes unnoticed. I totally agree they are needed most effective institutional designs to effectively support democracy. But the question remains is who is responsible for this design? What interests you respond? Where do you start? Moreover, the issue of specialization of courts is very modern, with the work process reform and the creation of several specialized courts in economic matters and the like. Much food for thought ...

Day 4: Amnesty. Criminal legal treatment of rape human rights. The right against state terror.

Juan Antonio Lascelles (U. Autonoma de Madrid, English Judge TC)

• The amnesty has been a tool both positive and negative, in different contexts. Questioned the legitimacy of the amnesty as a rule, in relation to democracy.
• should differentiate between the penalty, the legalization and amnesty. The amnesty does not repeal, but "forgets" the sanction of a offense for a specific case (related to "amnesia").
• Principles of Criminal Standards Validity:

- Legality
- Proportionality
- No inhuman or degrading
- Equal ---> No discrimination in the penalty
- Guilt ---> Implementation of the offending
Amnesty

• should be a law (of a democratic legislature) provided, to be considered democratic.
• Amnesty is criticized as an intrusion of the legislature in the area of \u200b\u200bjurisdiction.
• DL 2191 ("Amnesty Law") ---> Not respected the principle that "the victim must forgive."
• The amnesty for crimes against the fundamental rights is equivalent to carrying out the same crime. Have a great constitutional conflict because invalidate specific fundamental right, violates the essence of the right.

Reflection: This was perhaps one of the most controversial presentations. As in Chile, it is difficult to see amnesty with a vision that is not negative. The English case seems to seek to justify the amnesty in certain cases of "minor crimes" which in practical terms could have some positive (less asino in prisons, for example). But constitutional dilemmas of the subject make it impossible to see the amnesty as a truly legitimate "forgive" (and not become a "perdonazo" that violates fundamental rights). A presentation given to think and discuss ...

Juan Pablo Mañalich (U. Adolfo Ibanez - U. de Chile)

• The punishment of a crime involving the reconciliation of a past that still disturbs the present.
• The amnesty means that the amnesty has a responsibility in the action / crime amnestied. The LD 2191 is a demonstration of the responsibility of States for wave violence of the dictatorship. Schmitt
• ---> The amnesty is an act of oblivion bilateral reciprocal. It relates to reconciliation. The DL 2191 does not fit into this logic.
• The amnesty only form and not the substance of a law, because it involves the retroactivity, which goes against the definition of law and legal doctrine
• An act of grace can not be considered a just law, because specifically invalidate a criminal law provision that seeks to create justice.

Reflection: Excellent presentation by Professor Mañalich. Masterfully raised arguments and demonstrated the great constitutional conflict amnesty. Also demonstrated, very clearly, DL 2191 notes how, in practice, the responsibility of the military regime of violence and torture during the dictatorship. If not, no need of Decree Law's explanation of punishment, in addition, The Hague great. Even more to think about!

Elizabeth Lira (Universidad Alberto Hurtado)

• Amnesties have been used historically to achieve good governance, rather than the pursuit of political justice.
• Political reconciliation has always been based on the use of amnesty and oblivion, towards the improvement of life. The
• If the military dictatorship has not followed historical logic was not clear how the current solution for political reconciliation.

Reflection: Professor Lira has performed a valuable historical perspective to the discussion (large, my teacher!). Clearly demonstrated that forgetting is the ultimate political tool in our history to "move on" with the government. It is therefore important that the consequences left by the dictatorship, not follow the logic of "forgetting" and to really learn from the past. The wounds are not closed for failing to watch them ...

In conclusion, it was a great experience to Congress. I enjoyed it very much and I left several important lessons. I hope these ideas I share with you serve and enable them to also make their own reflections. Thanks for reading!

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Constitutional Law and Theory of mind A sudden death

For this post, I wanted to do something different. I share with you a short story I wrote a few years ago, with stream of consciousness style, "A Sudden Death Of Mind"

A sudden death of mind. The maximum desire to disconnect. The urban nirvana. Brain death without dying. Painless. Colorless. Simple, fast, easy. And for the whole family! That's what I always wanted. Any family? No, you idiot! A quick death. That would be terrible to die slowly in pain. I want a large family, large, with children and grandchildren ... I just want to die! Why die, if there is much to do? I do not know, I just want to know how to die. Do not you want to know how is life? I know how is to live, I know. How the hell will you know? If nobody knows! I do not know, I just know. Ahh, andate to hell with your Socrates versa. Hey, I use the memory of poor Socrates for a stunt like this. Do not you see that he died for what he believed. What do you think? I do not know, I had not thought of. C'mon, there must be something in what you believe. I believe in myself, and you? I ... just believe in belief. Bah! That cheesy! Well, if you do not like you can go to hell. I do not know where that is. Ja, comedian went east. No, seriously, you know how to get the hell? Not really, I never thought that there was a place called hell. Well I tell you that nothing exists, my friend. Nothing exists, not even I am. So how are we talking about? Do not you realize? This is not real! We are creating the imagination of some idiot who wrote this! But how? I am real, not know about you, but I'm real. Oh, come on! How can you be so blind? I have to be real! I have a dream, I have cravings, I have goals. I can not be just a fantasy! Do not wanted much death? Yes, but I have to live to die first! Well, you skipped some steps, but you get to your goal, right? No longer exist. But never existed! Ahh, do not be a girl, let's argue and get to dig me. "Dig? Yeah, dig these memories with me. But do not understand I'm not real! Yes, and? I'm not real. No, but I'm not going to accept just like that. Oh, and what are you doing? Are you going to plead to God maybe? Had not God dead? Well, there is not so in reality it does not matter if he is alive or dead. Did you see? I can not die if I'm not real. Well, then what is the problem? What I want to be alive to die! Bah, who say stupid things. Look fool, for you are stupid, but for me they are principles. Are concepts. For me they are pure crap, if you ask me. Well, do not ask! Oh come on, stop being so sensitive, you're bored. But do not you understand? If I am not real, then nothing of what I experienced was not real. Let's see, how much have you lived? Not much, actually. But I've experienced something that no one can take away me. No, nobody can take away, because it never had. So what the hell I've been doing all this time? I do not know, pure nonsense. Overall I say you do not believe in anything and you want to die and that God is dead and Cogito Ergo Sum and the Tao that can be named is not the eternal Tao pelotudeces pure nonsense that nobody understands but you. I do not understand, you talk funny. I do not know what I mean, do not listen to me. Does this mean that if I am real? No, that stays the same, whatever it says. But then, what do you do? What else is going to do then? DIG! "Digging to forget? Yes it is the only thing we have left. Dig your own grave, my friend, who both want to be in it.

... Then I woke up ...

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Telepathic Report Agent M. Telepathic Report III

III

conversations that members of the technical team Rehabilitation and Integration Complex held with resource users are always recorded on physical media without consent. There is a deliberate process, the recording is alien to the intentions of equipment. There is also no device is used for registration. The talks are recorded in the paint on the walls of the office.

A ... or rather, the fillings you have in the lower premolars, capture conversations that have been recorded when the nail yellowing and long his right index finger goes through the microgrooves of the walls. There is something immediately. Fillings only emit the signals collected during the full moon. It's on those nights when A ... begins to recite aloud, following a fairly complex ritual he calls "minor mishaps with the transvestites." Accurately describe the ritual take hours of our administrative telepathic transmission, with the risk of stroke that would entail. Suffice it to say that requires the use of corpses of small animals, nudity, smoking and burning of underwear hanging from the rear charred rags on the branches of trees in the garden, located in the east wing of the resource. Despite its complexity, we could cross off voluptuous, strict adherence to the ritual is not necessary to recite A .... It is for that once conveyed the information, do not attempt to violate the branch of a tree to the user the next room.

The recitation of data is resistant to medication, to be issued fully reliable information even in these days when A ... has received the injection. The only thing that can interfere in the issue is that A ... deviate from its strict diet on shellfish, nuts and a liter per day waste water-collecting every morning near the bus stop, more than half a mile from the complex. Interference affect the prosody and the rate at which data is transmitted.

A ... user is a middle-aged, but looks ten years, slender, greasy hair, scarred arms and a smile that does not leave even when is threatening to "blow the brains out" to any bother him. Before his illness he worked for a large chain of supermarkets and butcher. He played in a Maoist organization -more erotic than for ideological reasons-but soon gave up after experiencing a mystical ecstasy during a police chase. Significant cognitive impairment presents a completely delusional exceptional productivity and a rich repertoire of disruptive behavior. Has a criminal record, mostly for attempted sexual assault and arson. Winston smokes four packs a day. He likes to write haiku in the Cyrillic alphabet, performing complex mathematical operations, introduce shotgun cartridges loaves hard and hurt small vertebrates. Dislikes vanity, excessive genitalia, hygiene and songs with vocals in falsetto.

These characteristics make it, in short, a subject very valuable to our cause. I hope that the emphysema end its life away from the limit set by your doctor.

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Agent M. Telepathic II

II

I joined the team of educators Rehabilitation and Integration Complex Nova Metzuda do little more than a year after a tortuous decade, punctuated by doubts and decisions are not entirely wise. With this move seemed to finally find a way to make a living more in line with my skills, attitudes, phobias and paraphilias. Not everyone I know took it well, work is poorly paid, very demanding at all levels and very few are able to carry it for a long time without being in some way damaged. But most of my friends and family were thrilled, some of them convinced that my future lay necessarily through the world of psychosocial rehabilitation. A bright future.

My loved ones, both those who wanted to dissuade me as those who encouraged me to my new adventure, are well aware how lucky I am to be able to count them. What do they know the true nature my job. And I hope for your own good you never know.

now I'm dictating everything telepathically to our friendly administration, the Miss V ... The information will stay in your subconscious and stay there, encapsulated until it G ... receive data dump, this time, consciously.

G ... is also a double agent. In addition to record as a user of Complex, works for the administration and for us. Do not ever change clothes, just a shower. Morbidly obese, secretly read comics and Zipi Zape and tropisms moves toward silent places. (Lo of tropisms be understood literally. It is an important point, because what my circle of friends is often interpreted as a weakness of mine by the adjectives humorous and hyperbolic, it is actually a cluster of small oversights that I make in public, lots of information that allow to escape. Maybe you do to relieve stress, maybe it's another trick of mine to get things more difficult. What is certain is that these slips are disguised as whimsy my invitation to the scaffold.) These tropisms may generate a state of near trance and I know that has even levitate. ( suppose to be its own missteps in mitigating the effects of stress. )

periods in which G ... is not living in the complex resides in a very humble apartment building with his father and his dog. The father, to avoid his company and his frequent violent outbursts, often remains locked in the closet. The dog, which G ... compulsively touches, his body is riddled with the plaques that cause strokes him. It is in these plaques which will be encrypted all I'm dictating to the poor, nice, Miss V unconscious ... for future use of agents that may succeed me on the day, possibly near-in which I die.

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Debate Gomez / Frei - FINALLY A DIALOGUE (no exposure, but dialogue in order ...)

is quite common in developed countries, to conduct political debates among the possible candidates important positions such as president or head of government as prime minister. These debates, in turn, are highly publicized and exhibited in the mass media. Was well for the debates between Barrack Obama and Hillary Clinton, for example, to help define the Democratic candidate for that country. So was the Obama-McCain debate, once it had defined the final candidates. In fact, Obama and McCain participated in three presidential debates throughout the race, where they were interrogated in all relevant national and international issues. The three debates were televised and were seen by most of the country. Moreover, the debate between Obama and H. Clinton was also televised and broadcast nationally.

How is it then that the debate between Jose Antonio Gomez and Eduardo Frei, the two candidates for the coalition, has been restricted to be located in Talca, without national broadcast without media coverage, with no advertising and only accessible by radio? According to the newspaper La Tercera, Frei command explicitly asked not televised debate and the candidates did not "allude directly" in a pathetic attempt to show "unity concertacional." Is it, perhaps, who fear an informed citizenry? What is so terrible to see two politicians on the same side discussing important issues and trying to show that one is better able to govern than the other?

I can understand that the Coalition wants to come together and the arrows point to the Alliance, in search of a common enemy, but, frankly, an outrage that not carrying out basic democratic bodies to inform the public of the political intentions of the candidates and not seek a complete transparency of ideas and proposals. This, says the experience has been the trend of recent years in Chilean politics, closing the door to dialogue, encouraging non-citizens who read, think, to be informed of what is actually happening. And many books have been written about the why of this and will inquire about it, because it is quite clear. Suffice it to say that ignorance of the public is the joy of government.

I heard the debate. I found the "work" to put the radio, searching for the frequency of Radio Cooperativa and heard throughout the debate. I found it interesting what was said, despite the lack of confrontation between the two participants, who nevertheless was not what I was looking for. It was refreshing to hear on Gomez, a political "state of heart" in his own words, putting on the table concrete proposals on issues quotas, such as subsidies for temporary workers in regions mostly farmers, replacing wood stoves in the south with thermal heating solar, make more spending on educational quality and lower taxes individuals and raise taxes on companies to carry out the necessary expenditure. At last there, in my view, a sample of ideas tangible and distinct solutions to national problems. Frei, on the other hand, showed a new facet of political opening, spoke passionately about the "Chile's bicentennial," and that "it would be stupid to do the same for 93." He gave many concrete solutions, but was expected to be a political "old." However, it proved to be a strong candidate, ready for a dialogue (behind closed doors, perhaps, but dialogue anyway) and discuss taboo, such as therapeutic abortion and the morning-after pill. Something I really liked that he said was "in Chile think that 'issues values' are only those that have to do with sex and reproduction."

After hearing all these ideas and discussions, I was satisfied (on average) than was achieved. Was an important step toward greater democratic openness. However, the next day, surprise! No newspaper, even one, spoke of the debate the day before at his home. The Third I mentioned, briefly, saying it was "cold" and "avoided confrontations" (there was also a pillar of Patricio Navia, to my taste, just Hayo "fome" the debate and gave me the impression he wanted to see more controversy. In other words, I was looking for the usual political show and found none, so use your space in the third to complain). The other day, with Alexis Sanchez on the cover and its allusions to "super champion." WHAT! How is it possible? For me, someone he did not feel that politics is an intrinsic part and priority in my life, it was obvious that he should speak and publicize what happened in the debate. But nothing. "He spent a lanyard." I proved once again that people who have the power to inform our country's interest that the public really knows what happens in the country. Again, an ignorant is the best resource for the status quo .

As an afterthought, I think it's important that what happened happened. It shows an ugly reality, but subtle. Our country has no democratic consciousness ensures that both have. Our country has no means of communication open and pluralistic that both would like to display. Our country does not seek to have grounds to say and try to progress as a democracy, despite the swelling of the chest that has to be a "democratic" country. Our country DOES NOT HAVE THE TOOLS OR DEMOCRATIC DEMOCRATIC CONSCIOUSNESS BASIC, or citizenship, or in the media or politicians. How when?

With luck, until December ...

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Report Agent M. I

I

- Civilization occidental está dirigida por un grupo de doscientos sabios. No es una asociación secreta, no son personas que se reúnan periódicamente para decidir cuál será el rumbo de la economía, ni qué guerras deberán declararse, no. No les hace falta reunirse de forma física ni emplean la tecnología para comunicarse. Vaya, es que ni siquiera son conscientes de formar parte de un grupo.

- No son conscientes…

- Ellos funcionan de otra manera, es una sinergia a su pesar… es, no sé si estoy hablando demasiado… Es una melodía que se transmite a lo largo de los cinco continentes, de forma continua, que nos infecta a todos como un virus. Es como si tejieran en comandita a veil that we cover all eyes. They decide, without knowing what we should perceive and how we interpret it. What is outside the boundaries they draw there.

- Two hundred wise ... do you know any of them?

- No, no, of course I have no idea who they are. I can hear that song and I can calculate the exact number of performers, but I'm not a god, nor do I have special powers. (...)

- Yesterday reproached us into 'the world of standards and imposed culture "

- Yes, yes, all this has to do with the culture imposed standards. All you form part of it, much as you please help. Thought, conscience, have their limits. We can be confident that we can think about thinking, thinking, thought to himself, but is an illusion. It's actually something reptilian, consciousness is the last thing you lose when you die. It has nothing to do, is a side effect. Thought is a secretion. (...)

- are all part of that culture, unless you, I guess.

- No, no, not really. I'm not over in fact the same thing happens to me at all, but my senses are more acute and I can smell the cake even before the chef learned the recipe. (...)

- Is this something to do with your fear of taking the bus?

- Claro.

- What is it you fear exactly? Any kind of payback for what you know?

- do not know if there will be people willing to silence, as I said before ... please! I'm bored always speak the same ... I know it's absurd that someone wants to silence him, I'm sure most of the hundred wise or realize what they're stuck. They have no choice, they are like us. As much as we talk about it ... there is no remedy, are things as they always have been. And I do not like ...

- We are losing the thread, my

question was ... - I know, I know! Come on, yes, that is absurd, but I think some people are able to do the same as me and they are precisely the ones who want to silence ... "I can go now into my room," I can sleep with the lights and radio on?

- Okay, but with the volume low. And only turn the bedside light, not the bathroom, which is noisy, then the good of A ... can not sleep.

# 35 Conversation with Donna in CRI Nova MP Metzuda to 07/04/2017

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Obama: Politics 2.0

is logical that one must speak of the arrival of Barrack H. Obama to power in U.S. It goes without saying that it is a historical fact and is the first African American in that position, which is a milestone in the historicity of human rights and combating racism and that finally, FINALLY, Mr. W is going to his ranch Texas to play with their dogs and read books upside down.

But I do not want to talk about Obama only because he is a black in power, or because it is a turning point in U.S. history What interests me most about Obama is the caliber of politician he is and the example he gives the world of how to do politics.

Beyond its characteristics as a person, Barrack Obama is a new political generation, a breath of fresh air when it comes to politics. That was the main reason why I felt an affinity with him and was even stronger when his counterpart, John McCain, showed an attitude of "more of the same" in their policies, his oratory and his rudeness.

What strikes me is Obama's attitude towards politics and towards people. What rescue is her lack of glorification of his status as a politician, ie he was not acting as a "political", but is shown as a man concerned about his country you want access to power to solve problems. Because in the end, that's what it really is a politician, a person seeking power to take actions that will benefit the nation to which it belongs. Or at least that is what should be a politician. I

may arise as a new breed of Chilean politicians who were something like Obama. Not because of his rhetoric or his incredible record of service, but by its ability to be a natural man and sincere in making policy and really want to work for their country . That and it was clear to these early days of his mandate, which is already taking major decisions such as cerrar Guantanamo y buscar dialogar con los países de Medio Oriente. Obama ve a su país siendo vilipendiado por el mundo y realmente quiere remediarlo y hacer lo que se tiene que hacer. ¿Es acaso tan difícil saber hacer bien la pega de uno?

Así que gracias Barrack por tu ejemplo de liderazgo y de nueva política, no tanto por las ideas, sino por la actitud. Gracias por no abandonar tu BlackBerry y por ser capaz de equivocarte en las palabras del juramento de puro nervio. Gracias por quedarte horas hablando con personas que ni conocías cuando estabas en campaña, no para ganar su voto, sino porque tenían un problema y querías realmente encontrarle una solución. Gracias por ser un político que no tiene una esposa decorative but dance with her, hug her and you flirt with her in public (Bush pat on the back of your old lady does not count, that was until derogatory). Thanks for not letting you intimidated by the expectations of all the world is watching, being able to say "I have all the answers, I'm going to make mistakes, bear with me, by actually wanting to do things well, to inform, to work Indeed, read many reports, hear many opinions from many different sides, and finally say that one of the tenets of the U.S. is to be non-believer, not to succumb to populism that you could use for your race and the role that you fulfill that and for being just so cool. Political

Chilean (and the world) now have the upper hand. Put the batteries and generate a new breed of politicians that they can finally convince me that it pays to be a citizen in this country! Is it too much to ask?