Deciding about budgetary exceptions: A political defense of the supremacy of the Constitution

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Abstract

The supremacy of the Constitution is guaranteed both by the judiciary and the political branches. This paper develops an example of a political warrant of constitutional supremacy, that of budgetary exceptions through presidential order. This constitutional power belongs to the President only and obeys to the President's constitutional function-to govern the Nation. Thus, it is a power driven by political prudence-essentially, it is a political power. Correspondingly, it is for Congress and not the Judiciary to control the exercise of such power.

Translated title of the contributionDeciding about budgetary exceptions: A political defense of the supremacy of the Constitution
Original languageSpanish
Pages (from-to)209-229
Number of pages21
JournalRevista de Derecho
Volume33
Issue number1
DOIs
StatePublished - Jun 2020
Externally publishedYes

Bibliographical note

Publisher Copyright:
© 2020 Universidad Austral de Chile.

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