Judicial protection of human rights during states of emergency

For ages, throughout the course of history, states have been challenged by critical situations. These have included external or internal wars, significant and worrisome breach of public order, dangerous challenges to internal security and catastrophes. Such situations have allowed and authorize governments to declare a Constitutional State of Exception (CSE) and an example of such is the Roman Dictatorship. Whilst a Constitutional State of Exception has been declared, some fundamental and core rights can be limited with the sole objective of ameliorating the crisis and returning to normality. The Chilean Constitution regulates four CSE and guarantees that only during such situations these core and fundamental rights can be suspended or restricted. The present paper refers to the judicial protection of such rights during and whilst a CSE.