Parliamentary vacancy: looking for a higher level of legitimacy

Abstract

The target of the current research is to examine the provision a mechanism of solving the problem of the parliamentary vacancy posts (Article 51, from indent 3th to the 6th indent, Chilean Constitution). The topic is discussed through a brief synthesis about the Constitutional Evolution about this problematic, the current situation is discussed, some procedures to solve the parliamentary vacancy posts in the comparative law are mentioned, some Chilean parliamentary vacancy cases are analyzed, and central ideas about Democracy, legitimacy, rule of law and Parliament. Finally, a critical vision about the current mechanism of provision of parliamentary vacancy, and some conclusions.