Judicial review and states of emergence: The supremacy of the executive branch

Research output: Contribution to journalScientific reviewpeer-review

2 Scopus citations

Abstract

All right reserved. Is the Presidential Power to declare states of emergence immune to judicial review? This is the key question addressed in this article. Based on legal arguments as well as historical, comparative, doctrinal and case-based arguments, we conclude that the Executive Branch is above the Judicial Power when it comes to interpret the emergency rule. Underlying this statement rests the idea that the text of the Constitution is not wholly enforceable by the judiciary.
Original languageAmerican English
Pages (from-to)81-103
Number of pages23
JournalRevista Chilena de Derecho
Volume45
Issue number1
DOIs
StatePublished - 1 Apr 2018

Keywords

  • President of the Republic
  • States of emergence
  • Supremacy of the Constitution

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