Law Commons^™

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