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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.

 

The Constitutional Control of the abrogated law in Chile

Authors

  • Francisco Béjar Pinedo
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Abstract

This article focuses on the various mechanisms referred to in our legal system to prevent an unconstitutional rule can be applied. The constitutional reform of 2005 established a monopoly of control of constitutionality of the law and established the unconstitutionality with general purposes, in a manner analogous to the repeal. The repealed rules may receive posthumous application, what is known as ultra activity. However, in some cases, has been the ordinary judiciary who has due use some procedural remedies to avoid a repealed rule to take antagonistic effects to the Constitution.

Keywords:

Unconstitutionality , unenforceability , repeal.