The constitutionality control of the Decrees with Force of Law by the Constitutional Court: article 82, n°3 of the Constitution

Authors

  • Teodoro Ribera Neumann Profesor de la Universidad Autónoma del Sur y de la Universidada de Chile

Abstract

On November 18, 2003, the Constitutional Court issued a ruling and specified that it is competent to hear the constitutionality of a decree with the force of law when it exceeds or contravenes its delegation law. This ruling originated in a request presented by twenty H. Senators, thirty-one H. Deputies and, for the first time, the Lower House itself, in which they argued that Decree with Force of Law No. 21 of the Ministry of Finance of 2003 (DFL 21), modifying the organic law of the National Mining Company (ENAMI), had exceeded the framework of the

Keywords:

Constitutionality control, Decrees with force of law, Constitutional Court