Open Access. Powered by Scholars. Published by Universities.®

Other Legal Studies Commons

Open Access. Powered by Scholars. Published by Universities.®

2010

Chilean Constitutional Tribunal

Articles 1 - 1 of 1

Full-Text Articles in Other Legal Studies

Compulsory Ex Ante Control: Rise And Fall Of The Control Over The Legislator, Sergio Verdugo Sverdugor@Udd.Cl Jul 2010

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 …