Skip to main content
Article
The Seal of Constitutionality of the Legal Provisions Declared Constitutional in the Preventive Control Process
Revista de Derecho y Ciencias Penales (Universidad San Sebastián) (2009)
  • Sergio Verdugo, sverdugor@udd.cl, Universidad del Desarrollo
Abstract

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 that may bring support to the constitutionality of the constitutional seal, rejecting all of them. Finally, the author tries to demonstrate that the constitutional seal has perverse consequences that are accentuated in the case of the points of law that are declared as constitutional by de Court when conducting an ex-ante compulsory review, which nature differs from the ex-ante eventual.

Keywords
  • Constitutional Court,
  • preventive control,
  • action of unconstitutionality,
  • Obligatory control.
Publication Date
2009
Citation Information
Sergio Verdugo. "The Seal of Constitutionality of the Legal Provisions Declared Constitutional in the Preventive Control Process" Revista de Derecho y Ciencias Penales (Universidad San Sebastián) Vol. N° 13 (2009)
Available at: http://works.bepress.com/sergio_verdugo/7/