Could a manifestly ill-founded appeal imply bad faith? This article answers that question affirmatively based on a comparative study of the filters before the cassation recourse in Chile, France, and Italy and the intermediate appeal in the US federal system and the jurisdiction of England and Wales. Important similarities were found in issues such as the preliminary evaluation of the merits, unanimous vote, abbreviated judicial opinions, contradiction of the case law, among others. The thesis proposed in this article is that these similarities can be explained by an underlying consensus about the good faith in appeals: a standard of knowledge about the Law which applies to all the legal professionals participating in the judicial process.
|Translated title of the contribution||Manifestly ill-founded appeal as filter of good faith: Chilean cassation in comparative perspective|
|Number of pages||26|
|Journal||Revista Chilena de Derecho|
|State||Published - Dec 2019|