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Full-Text Articles in Law
Subsidiariedad. Mitos Y Realidades En Torno A Su Teoría Y Práctica Constitucional, Sergio Verdugo Sverdugor@Udd.Cl, José Francisco García
Subsidiariedad. Mitos Y Realidades En Torno A Su Teoría Y Práctica Constitucional, Sergio Verdugo Sverdugor@Udd.Cl, José Francisco García
Sergio Verdugo R.
No abstract provided.
The Chilean Constitutional Tribunal And The 2005 Amendment. A Castling Between Career And Academic Judges, Sergio Verdugo Sverdugor@Udd.Cl, Diego Pardow
The Chilean Constitutional Tribunal And The 2005 Amendment. A Castling Between Career And Academic Judges, Sergio Verdugo Sverdugor@Udd.Cl, Diego Pardow
Sergio Verdugo R.
After a constitutional amendment in 2005, the Chilean Constitutional Tribunal is becoming more active in exercising its powers against the executive branch. This effect is mainly due to a castling in the composition of the court between career judges and justices coming from the academia. Chilean judges have had a long-standing reputation of being deferential with the government and of following a rule of unanimity. That attitude, however, goes beyond partisan affiliation. As it is shown in this paper, the changes in the behavior of the court seems to be more related with a change in the underlying legal culture, …
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 …
The Seal Of Constitutionality Of The Legal Provisions Declared Constitutional In The Preventive Control Process, Sergio Verdugo Sverdugor@Udd.Cl
The Seal Of Constitutionality Of The Legal Provisions Declared Constitutional In The Preventive Control Process, Sergio Verdugo Sverdugor@Udd.Cl
Sergio Verdugo R.
This work critically analyzes the amendment introduced by the Law 20.381 to the organic law of the Chilean Constitutional Court, in order to restore the original rule contained in 83, 3º of the Constitution, under which all points of law declared as constitutional by the Constitutional Court could not be challenged afterwards by a general action of unconstitutionality. This effect is called by the author “constitutional seal”. The author questions the constitutionality of the current rule, taking particularly into account its contextualization in the constitutional review system introduced by the constitutional reform of 2005. Then, he analyzes plausible interpretative alternatives …
La Declaración De Inconstitucionalidad De Las Leyes Como Control Represivo Abstracto, Sergio Verdugo Sverdugor@Udd.Cl
La Declaración De Inconstitucionalidad De Las Leyes Como Control Represivo Abstracto, Sergio Verdugo Sverdugor@Udd.Cl
Sergio Verdugo R.
No abstract provided.