Abstract

NUNEZ LEIVA, J. Ignacio  and  SILVA ALLIENDE, Matías. Should terrorism be subject to constitutional regulation? Thoughts from the Constituent Process Chilean and recent proposals of lege ferenda. Revista Col. San Luis [online]. 2019, vol.9, n.19, pp.15-38.  Epub Nov 19, 2020. ISSN 2007-8846.  https://doi.org/10.21696/rcsl9192019920.

This article seeks to prove, with empirical inputs, that terrorism is not usually subject to constitutional regulation, at least in the Western world. Such a demonstration relies on dogmatic comparison, based on evidence provided by expert commissions, participatory processes and comparative law. In this way, it has been concluded that, in the Western world, terrorism is not a subject-matter that is usually ruled in the Constitutions. The value of this article lies in the use of dogmatic inputs, conclusions of expert commissions and evidence from citizen participation processes. Therefore, it is concluded that comparative law, dogmatism, citizen participation processes and experts do not guarantee that terrorism is constitutionally regulated.

Keywords : constitutional criminal law; terrorism; human rights.

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