La deferencia del Tribunal Constitucional respecto del juez de la gestión pendiente en la cuestión de inaplicabilidad

Since the constitutional amendment of 2005, the deference and self-restriction of the Constitutional Court is not only a matter in his relationship with the legislator and the executive power, but with ordinary and special judges too. This is a consecuence of the new inapplicability enshrined in Article 93 Nº 6 of the Constitution. The Constitutional Court’s jurisprudence reveals the special effort to restrict their control to what is necessary, and try not to assume jurisdiction and powers of those judges. This paper analyze the deference criteria drawn from the Constitutional Court jurisprudence.