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Estudios constitucionales

On-line version ISSN 0718-5200

Abstract

GARROTE CAMPILLAY, Emilio Alfonso. Model of constitutional control after the law in chile to 12 years of the constitutional reform.law n ° 20.050 of 2005. Estudios constitucionales [online]. 2020, vol.18, n.1, pp.353-393. ISSN 0718-5200.  http://dx.doi.org/10.4067/S0718-52002020000100353.

In this paper, the constitutional control system of the law introduced by the Constitutional reform, Law N ° 20.050 of August 26, 2005, twelve years after the reform, enshrined in article 93 N ° 6 and 7 of the Political Constitution of the Republic of 1980, through a theoretical and comparative analysis; in order to determine the model of constitutional control aposteriori of the law implemented by the constituent derived from the law of constitutional reform in comment. The issue to be discussed is of real importance and contingency since we are talking about the defense system of the Constitution. The results of the study show that the constituent derived from 2005 departed from the classical models of constitutional control, that is, diffuse and concentrated opting for a particular and unique system. This model is not diffuse or concentrated, but confusing, so I have classified it as a hybrid system. This is because it is diffuse in the base but concentrated in the summit, essentially concrete, although it is not closed or at least it is not closed by the Constitutional Court. What implies to depart from the traditional models on the subject and the existing doctrinal and jurisprudential positions in this regard at the national level and in comparative legislation. It must be expressly stated that the work does not address the preventive or a priori control that the TCC performs. In the same sense, the control carried out by the constitutional body with respect to other normative acts and other functions of competence of the Chilean Constitutional Court is also not addressed.

Keywords : Control Models of the Constitutionality of the Law; Interpretation and application; Inapplicability and unconstitutionality.

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