Terrorism in the chilean Constitution

Abstract

This paper critically analyzes the current constitutional treatment of terrorism in the 1980 Constitution, taking position on the need for a ruling on the matter in the Constitution. He argues that in the national context on constitutional change is not necessary a ruling on the matter, as the constitutional recognition of terrorism lead to the consecration of a repressive mechanism protection of democracy that undermines its legitimacy. In support of its position, the author reviews the comparative constitutional regulation of terrorism and its consecration in Chile and the implications that has had it in normative terms and jurisprudence, particularly with regard to the impact on fundamental rights.