Legitimacy of the Constitution and legitimacy of judicial review: the Chilean case.

Academic debates on judicial review usually focus on issues such as the democratic deficit of the judiciary or the capacity of legislatures and courts to protect fundamental rights. Often unaddressed is the question of whether the legitimacy of the constitution itself impacts the legitimacy of judicial review. Of course, this debate generally takes place in countries where the legitimacy of the constitution is uncontroversial. But this is not universal.
I will address the link between the legitimacy of the constitution and the legitimacy of judicial review by focusing on the Chilean case. The case is interesting because in Chile both the Constitution and the Constitutional Court are challenged in its legitimacy. Constituent process carried out in 2016 provides useful data to assess the link between both. I will analyze the reports of the process, in order to find whether the objections against the Constitutional Court are or not linked to the legitimacy of the 1980 Constitution.