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The Public Law Journal of the Universidad de Chile invites national and foreign authors to participate in the next issue of the Journal, corresponding to the second semester of 2024.

Articles must conform to the editorial guidelines, which can be found at: https://revistaderechopublico.uchile.cl/index.php/RDPU/about/submissions

The papers are subjected to a blind peer review process.

 

Legal reserve, regulatory power and the 1980 Constitution: unpublished antecedents of the Governing Board

Authors

  • Teodoro Ribera Neumann Universidad de Chile. Universidad Autónoma del Sur

Abstract

A central issue in any democratic society is deciding who can regulate the rights and duties of people. To resolve this, the Republic entrusted the exercise of sovereignty to elected authorities for determined periods and subordinated their actions to the Constitution, with the Legislative Power being essentially the body of democratic representation and the law, the norm with the highest level of legitimacy, since All the political forces represented in the National Congress work with transparency in its elaboration. This is not the case, however, of the decrees and regulations issued by the President of the Republic, which express only the opinion of a single-person body, without its pre-normative phase being sufficiently regulated to guarantee transparency and participation.

Keywords:

Legal reserve, Regulatory power, Constitution