The Supreme Court of Chile is the highest

court A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in acco ...

Chile Chile, officially the Republic of Chile, is a country in the western part of South America. It is the southernmost country in the world, and the closest to Antarctica, occupying a long and narrow strip of land between the Andes to the east a ...

. It also administers the lower courts in the nation. It is located in the capital

Santiago Santiago (, ; ), also known as Santiago de Chile, is the capital and largest city of Chile as well as one of the largest cities in the Americas. It is the center of Chile's most densely populated region, the Santiago Metropolitan Region, whos ...

. In the Chilean system, the court lacks the broader power of

judicial review Judicial review is a process under which executive, legislative and administrative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incomp ...

—it cannot set binding precedent or invalidate laws. Instead, it acts on a case-by-case basis. Trials are carried out in ''salas'', chambers of at least five judges, presided over by the most senior member.

Membership

The members of the Supreme Court are appointed by the

President President most commonly refers to: *President (corporate title) * President (education), a leader of a college or university * President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ...

from a list of five choices prepared by the sitting members of the court. Two of the choices must be senior judges from appellate courts; the other three may have no judicial experience. The president's choice must then be ratified by a two-thirds majority of the Senate. Supreme Court justices must be at least 36 years old. Once appointed, a Chilean Supreme Court justice is entitled to remain on the Court until the compulsory retirement age of 75. The only exception is if a justice can be removed by "notorious abandonment of duty," as deemed by a majority of both chambers of Congress.

Current Supreme Court members

The Supreme Court has twenty-one members, called ministers (''ministros''). One member is selected to serve a two-year term as President of the Supreme Court. The composition of the Supreme Court changes relatively quickly, as judges attain the retirement age of 75. This list was last updated on 22 January 2016.

Notable decisions

Augusto Pinochet

The Chilean Supreme Court has been involved in many important

human rights Human rights are moral principles or normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for certain standards of hu ...

cases regarding the former Chilean dictator

Augusto Pinochet Augusto José Ramón Pinochet Ugarte (, , , ; 25 November 1915 – 10 December 2006) was a Chilean general who ruled Chile from 1973 to 1990, first as the leader of the Military Junta of Chile from 1973 to 1981, being declared President of ...

. * In July 2002, it dismissed a case against Pinochet, saying that he was unfit to stand trial due to

dementia Dementia is a disorder which manifests as a set of related symptoms, which usually surfaces when the brain is damaged by injury or disease. The symptoms involve progressive impairments in memory, thinking, and behavior, which negatively affe ...

. * In August 2004, it confirmed a lower court's decision that Pinochet should lose his automatic immunity he acquired from being a former senator. * In March 2005, it reversed a lower court's decision stripping Pinochet of immunity in the case of the assassination of

Carlos Prats Carlos Prats González (; February 24, 1915 – September 30, 1974) was a Chilean Army officer and politician. He served as a minister in Salvador Allende's government while Commander-in-chief of the Chilean Army. Immediately after General August ...

. * In August 2007, it upheld a life sentence for

Hugo Salas Wenzel Hugo Salas Wenzel (30 October 1935 – 11 August 2021) was a General in the Chilean Army during the Dictatorship of Augusto Pinochet. In August 2007 he was the first former senior military official sentenced to life for human rights violations in ...

, the first senior official to receive a life term for human rights violations conducted during the reign of Pinochet

Gay rights

The Chilean Supreme Court has made controversial decisions in the area of gay rights. * In 2004, it confirmed a lower court's decision that stripped former judge

Karen Atala ''Atala Riffo and Daughters v. Chile'' (Spanish: ''Atala Riffo y Niñas vs. Chile'') was an LGBT rights child custody case in the Inter-American Court of Human Rights, which reviewed a Chilean court ruling that in 2005 awarded custody to a fathe ...

of custody of her three daughters because she is a lesbian. In 2012, the case was overturned by the Inter-American Court of Human Rights. * In January 2004, it removed judge Daniel Calvo from his position on the

Santiago Court of Appeals Santiago (, ; ), also known as Santiago de Chile, is the capital and largest city of Chile as well as one of the largest cities in the Americas. It is the center of Chile's most densely populated region, the Santiago Metropolitan Region, whose ...

, after media reports that he visited a

sauna A sauna (, ), or sudatory, is a small room or building designed as a place to experience dry or wet heat sessions, or an establishment with one or more of these facilities. The steam and high heat make the bathers perspire. A thermometer in a ...

frequented by gay men. (''See'' Spiniak Case.)

Women's health

* In November 2005, the Chilean Supreme Court ruled that the sale of contraceptive

morning-after pill Emergency contraception (EC) is a birth control measure, used after sexual intercourse to prevent pregnancy. There are different forms of EC. Emergency contraceptive pills (ECPs), sometimes simply referred to as emergency contraceptives (ECs), o ...

Postinor 2 is constitutional.

Alberto Fujimori

On September 21, 2007, the court accepted Peru's request to extradite former president

Alberto Fujimori Alberto Kenya Fujimori Inomoto ( or ; born 28 July 1938) is a Peruvian politician, professor and former engineer who was President of Peru from 28 July 1990 until 22 November 2000. Frequently described as a dictator, * * * * * * he remains a ...

, on human rights and corruption charges.

References

External links

*
Chilean Judiciary website

Supreme Court of Chile in Tamizh
{{DEFAULTSORT:Supreme Court Of Chile 1823 in Chilean law Government of Chile

Judiciary of Chile 1823 establishments in Chile Courts and tribunals established in 1823