Concurrence of central and communal power in a context of exception: ¿who is the competent?

Authors

  • Valeska Opazo de la Fuente Editorial secretary

Abstract

In the face of confusion that a constitutional state of exception can generate, especially regarding determinate who is the holder of the powers to face it. This work seeks to give a certainty quota, which allows orienting the concurrence of central and communal authorities on said stage. In that sense, despite that the natural autonomy of the local council, it postulates the superiority of the Head of State, in contrast to the municipal act, because of the governmental origin of the declaration of a state of exception. However, this it also justifies the municipal intervention, expressed in the duties of collaboration and coordination with the central authority, like a product of the systemic unity that characterizes the public administration.

Keywords:

Constitutional state of exception, president of the Republic, government function, municipality, autonomy.