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Full-Text Articles in Law
Unconstitutionality And Procedural Defects. A Problem Solved?, Sergio Verdugo Sverdugor@Udd.Cl
Unconstitutionality And Procedural Defects. A Problem Solved?, Sergio Verdugo Sverdugor@Udd.Cl
Sergio Verdugo R.
The debate related to the capacity of the Chilean action of unconstitutionality for reviewing the procedural defects of the statutes in the law making process, existing when this action was in the jurisdiction of the Supreme Court, still should remain. The author, after critically reviewing the reaction of the legal academia to the constitutional amendment of 2005, discovers that the decisions of the current Constitutional Court are contradictory. Then, he proposes a frame for finding a solution, which begins analyzing the scope of the action of unconstitutionality and the concrete judicial review, and ends with possible alternative solutions
Compulsory Ex Ante Control: Rise And Fall Of The Control Over The Legislator, Sergio Verdugo Sverdugor@Udd.Cl
Compulsory Ex Ante Control: Rise And Fall Of The Control Over The Legislator, Sergio Verdugo Sverdugor@Udd.Cl
Sergio Verdugo R.
The author criticizes the power of the Chilean Constitutional Court to exercise compulsory ex-ante control of statutes, established in article 93, number 1, of the Chilean Constitution. After clarifying its special juridical nature, he analyzes the advantages and disadvantages of this system of control, using national and foreign bibliography. The existence of a constitutional seal aggravates the disadvantages. Then, he dedicates a section to study the motivation of the judgments generated in this type of control, questioning its value. For such purposes he makes a theoretical and empirical study of the jurisprudence of the Chilean Constitutional Court in the last …