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 contribution||Judicial review and states of emergence: The supremacy of the executive branch|
|Number of pages||23|
|Journal||Revista Chilena de Derecho|
|State||Published - Apr 2018|
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