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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.
Perspectives on the application of the principle of interpretation in accordance with conventional law by the ordinary judiciary
Authors
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Nicolás Humeres Guajardo
Universidad Católica de la Santísima Concepción
https://orcid.org/0000-0002-9969-4190
Abstract
The purpose of this manuscript is to analyze some elements associated with the use of the principle of consistent interpretation between the national law and the international human rights law by the ordinary judiciary. Based on this objective, doctrinal postulates and some sentences that invoke this hermeneutical rule in different contexts are reviewed. The research identifies a lack of congruence between the dogmatic configuration of the principle and its practical use by Chilean courts, since it is frequently used as an argument to justify the disapplication of legal precepts and not as a technique to prevent normative conflicts. Therefore, it is argued that a more consistent application of the principle could strengthen legal certainty and the efficiency of the judicial system.
