Lawyer Leslie Sánchez: "We assume the risk of going to the Constitutional Court is always high, but we have faith in our argument."
Constitutional lawyer Leslie Sánchez, part of the legal team representing opposition parliamentarians, has explained the rationale behind their challenge to the "megareform" before the Constitutional Court. Speaking on La Tercera's streaming program 'Desde la Redacción,' Sánchez detailed why her team believes certain aspects of compensation related to the annulment of the RCA are unconstitutional. She acknowledged that the risk of proceeding to the Constitutional Court is significant. However, she expressed confidence in the strength of their legal arguments. The team is specifically focused on aspects of the compensation framework that they contend violate the Magna Carta. Their legal strategy aims to address these perceived constitutional infringements.
The legal challenge brought by opposition parliamentarians to the Constitutional Court highlights a common tension in legislative processes: the balance between executive or majority party initiatives and constitutional safeguards. The legal team's acknowledgment of high risk, coupled with their stated faith in their arguments, suggests a strategic calculation of potential outcomes. This situation underscores the crucial role of judicial review in democratic systems, acting as a check on legislative power. The focus on compensation for annulments points to the complex economic and legal ramifications that can arise from significant policy changes, prompting scrutiny of fairness and adherence to fundamental law. Future reforms may benefit from more proactive engagement with constitutional constraints to mitigate such legal disputes.
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