The deference of the constitutional court to inferior courts in inapplicability cases

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Abstract

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.

Translated title of the contributionThe deference of the constitutional court to inferior courts in inapplicability cases: The deference of the Constitutional Court to inferior courts in inapplicability cases
Original languageSpanish
Pages (from-to)237-270
Number of pages34
JournalEstudios Constitucionales
Volume13
Issue number1
DOIs
StatePublished - 27 Jul 2015

Bibliographical note

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© 2015, Universidad de Talca. All rights reserved.

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