Implications of the chilean delegated legislation and its jurisdictional control

Authors

  • Kamel Cazor Aliste Doctor en Derecho, profesor asociado de Derecho Constitucional en la Universidad Católica del Norte

Abstract

The regulatory authority of the President is a long-standing institution in our constitutional history. However, its formal recognition starts only with the constitutional reform in 1970, which modified the 1925 Constitution. After that, the 1980 Constitution maintained, in general terms, this recognition. The peculiarity of this kind of regulatory authority, it is not without its problems. This work will focus on the analysis of two issues not clearly defined. On one hand, the scopes of the delegated legislation and on the other one, its control exercised by the jurisdictional authority, specially the one carried out by the Constitutional Court.

Keywords:

Regulatory authorities of the President, delegated legislation, decree with legal force