i

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.

 

The normative power of the President of the Republic: Decrees with Force of Law

Authors

  • Claudio Moraga Klenner Magíster Rer. Publ. Schschule Speyer. Profesor Derecho Administrativo, Universidad de Chile
Download

Abstract

1. Prolegomenon Frequently, the dogmatic analyzes of the institutions of Public Law are limited by a mere description of them, without being able to study how that institution truly operates within the legal system or order. Indeed, the texts contain repetitions of questions that, today, if they were compared with reality, they would possibly give a different result. Delegated legislation is a legal institution that has shown many signs of its extraordinary power to modify or complement the written Chilean Constitution, especially by representing a legal reality that at times has either been directly opposed to it or, on the contrary, that has modeled it in a more or less latent way and not always deductible from the only written content of the Constitution.

Keywords:

Decrees with Force of Law , Normative power , President of the Republic , Public Law , Delegated legislation