Although I found very interesting article by Mr. Correa and to I have a deep respect, I think that the diagnosis that makes the functioning of the Constitutional Court, while not incorrect, compliant with the current state of democracy and institutional of our country.
is true that respect for majority decisions that should have the TC is a subject that divides, depending on whether the decision issued by the court favors or not you are analyzing the situation. Therefore, it might be necessary to do this review in relation to a specific case or a particular situation, such as the case "morning after pill" or the case of Private Health Insurance Act. It seems necessary to an analysis that is independent of the decision itself that generates the court and that, rather, see if the theoretical framework on which is founded on respect TC or not democratic we seek to uphold.
But on the other hand, I think there is a deeper issue that we should also consider, which is the quality of democracy in our country and how it relates to the TC with that democracy. The author notes, as I understand, that the TC acts as a "voice of reason" for the legislator, since the first decree inapplicable exudes a certain law, which gives the order to the last review that law and revise its content. This procedure, labeled by Professor Correa as "less invasive", it seems not only ineffective, but also very participatory on the part of TC, and incurring a kind of delegation of its constitutional control work, leaving the correction of the content itself to the legislature, without even giving any suggestions or guidance on how this correction should be made. Worse yet, leave the hands of a legislator who, under the circumstances of our current democracy, does not meet effectively its work is not representative of the reality of the country where it is, is invaded by internal political struggles and does not promote any kind of participation, beyond simply voting to be done once every few years. Is it really effective to stop a task as important as adjusting the content of a law to be consistent with our Constitution to a public body like this?
I be proud to know that our country will have a participatory TC, who is not afraid to give their opinions on the issues that judges, which promotes discussions that the legislator does not even mention (eg abortion in Chile), which makes decisions no one else would dare to take, functioning as a court active in society. Maybe too much to ask for now, but it would be a good goal to consider for the future.
Professor Correa's article can be found at: http://www.latercera.com/noticia/opinion/ideas-y-debates/2010/08/895-280739-9-tc-mayorias- y-dialogue-democratico.shtml
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