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

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Abstract

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.

Translated title of the contributionJudicial review and states of emergence: The supremacy of the executive branch
Original languageSpanish
Pages (from-to)81-103
Number of pages23
JournalRevista Chilena de Derecho
Volume45
Issue number1
DOIs
StatePublished - Apr 2018

Bibliographical note

Publisher Copyright:
© 2018 Pontificia Universidad Catolica de Chile . All right reserved.

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