HERRAMIENTA DE RACIONALIDAD: UN ANáLISIS CRíTICO DE SU APLICACIóN EN LA JURISPRUDENCIA DEL TRIBUNAL CONSTITUCIONAL CHILENO

this paper proposes that the modern rationality depends on the diferents rationalities that compose the rule of law and the liberal conception of the humans rights. the principle of proportionality is a reflection of the balances required by this conception and it is an interesting theoretical proposal. however, the principle of proportionality presents some problems at the present time and therefore it's not possible to consider it as a real test of rationality.