Scope of Law No. 19,880: Design, Function, and Rationale

Abstract

This article analyzes Law 19,880 on the Bases of Administrative Procedures to demonstrate that its scope transcends a formalistic conception of procedure as a series of mere administrative steps and can be understood functionally as a field of conflict of interest management. The research reveals the tension between the political economy theory that gave rise to the bill and its final design, inspired by the framework of the Spanish administrative welfare state. The research bases its understanding of the welfare state on a deliberative dimension, distinguishing three conceptions of administrative procedure and adhering to a functional approach. Through a dogmatic analysis of the law, a review of its legislative history and the doctrine developed in Chile, and comparative law on administrative procedure, it is demonstrated that the Law on the Basis of Administrative Procedure institutionalizes conflict as an input for valid decisions, which allows individualistic views to be overcome. Thus, it is maintained that in the “post-constitutional” context, this interpretation provides a basis for a reinterpretation of procedure as one of the pillars of administrative law.