Acessibilidade / Reportar erro

The development of mandatory constitutional control of Chilean contentious-administrative processes (1981 - 2021)

Abstract

This article explores the development of mandatory constitutional control of Chilean contentious-administrative processes. After discussing the integration of its procedural guarantees in the provisions that impose this control, the judgments of the Constitutional Court are studied, between the years 1981 and 2021. Case law allows to affirm that, although the restrictive terms of the Constitution have not prevented the integration of due process rights as parameters of the constitutionality of administrative litigation, only some procedural rights have been effective in the declaration of unconstitutionality. Paradoxically, these rights are those least adapted to the terms that impose this control.

Keywords:
Due process, administrative acts; administrative litigation; constitutional review; constitutional case law

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