Influence of the action of inapplicability due to unconstitutionality as a new attribution of the Constitutional Court

Authors

  • Ana María García Barzelatto Profesora Titular de Derecho Constitucional, Facultad de Derecho, Universidad de Chile

Abstract

Since the constitutional reform of the year 2005, the power to know and resolve the actions of inapplicability of a legal precept for being contrary to the Constitution was established in the Constitutional Court. This is what article 93 No. 6 of the Charter provides, insofar as it states that it is attribution of this Judiciary: "Resolve, by majority of its members in office, the inapplicability of a legal precept whose application in any procedure that is followed before a court ordinary or special, is contrary to the Constitution".

Keywords:

Constitutional Court, Action of inapplicability due to unconstitutionality, Constitution