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No. 63 (2001): Tomo 1
No. 63 (2001): Tomo 1
ISSN: 0719-5249
No. 63 (2001)
Open Access
Peer reviewed
Opening speech
Luz Bulnes Aldunate
10.5354/rdpu.v0i63.35972
Jan 2015
The Director of the Department of Public Law of the Faculty of Law of the University of Chile welcomes the homonymous Conference that, on this occasion, corr...
The current constitutionalism
Pedro J. Frías
10.5354/rdpu.v0i63.35973
Jan 2015
The author attempts a reading of fin de siècle constitutionalism from experience, without accumulation of data and authors. The dramatic events of our end of...
The constitution in the 21st century
Guillermo Bruna Contreras
10.5354/rdpu.v0i63.35974
Jan 2015
The author proposes a reflection on the challenges of constitutional law in general and the Chilean constitutional order in particular, within the framework ...
The two faces of Janus
Lautaro Ríos Alvarez
10.5354/rdpu.v0i63.35975
Jan 2015
Taking this ancient story from Roman mythology, the author seeks to value the Chilean constitutio...
The constitutional changes of the 20th century and the future of the constitution in the 21st century
Jorge Mario Quinzio Figueiredo
10.5354/rdpu.v0i63.35993
Jan 2015
The author reflects on the fact that no Constitution is immutable. The new political and legal cultures. economic. cultural and social factors make their inc...
Notes on constitutionalism in the new century
Iván Mauricio Obando Camino
10.5354/rdpu.v0i63.35994
Jan 2015
The author, in the context of "The Future of the Constitution in the 21st Century", and assuming that this will take place in a great dose of uncertainty, de...
The normative force of the Constitution
Miguel Angel Fernández González
10.5354/rdpu.v0i63.35996
Jan 2015
The author proposes, based on the Principle of Normative Force or Direct or Immediate Linkage of the Constitution, enshrined in its article 6, paragraph 20, ...
The notion of public order in the Political Constitution
Fernando Jiménez Larraín
10.5354/rdpu.v0i63.35997
Jan 2015
In the process of formation and development of law, the expression public order was incorporated ...
Constitutions and human rights treaties: Latin America
Humberto Nogueira Alcalá
10.5354/rdpu.v0i63.35998
Jan 2015
Sovereignty is a legal and political concept in which, as Ferrajoli points out, the problems and aporias of the theory of law and the State converge. The ide...
Globalization and human rights
Giovanni María Flick
10.5354/rdpu.v0i63.35999
Jan 2015
The fall of the communist regimes has marked the triumph of capitalism, but, at the same time, it has forced it to examine itself, to look in the mirror, to ...
A general dogma for fundamental rights in Chile
Pablo Ruiz-Tagle Vial
10.5354/rdpu.v0i63.36000
Jan 2015
This paper explores the ideas that have existed in Chile about constitutional rights and aims to show how these ideas have not necessarily coincided with the...
Ownership and passive subjects of fundamental rights
Manuel A. Núñez Poblete
10.5354/rdpu.v0i63.36291
Mar 2015
The subject of the holders and the subjects bound by the rules of art. 19 CPR is one of those top...
Limits to the prohibition and legal authorization of consented abortion in comparative constitutional law
Antonio Bascuñán Rodríguez
10.5354/rdpu.v0i63.36292
Mar 2015
The objective of this work is to offer some antecedents of comparative law for the elaboration of a general framework of analysis of the constitutional presu...
Equality before justice: modernizing challenge of some special jurisdictions
Eugenio Evans Piñeira
10.5354/rdpu.v0i63.36293
Mar 2015
The Constitutional Court has pointed out that "independence and impartiality are not only components of any fair and rational process, but are also inherent ...
Private life and intimacy in the current and future technological society
Alfonso Banda Vergara
10.5354/rdpu.v0i63.36294
Mar 2015
The human being, in his complex existential reality, simultaneously presents himself as a being who seeks to exercise his freedom to -with legitimate reason-...
The right of one's own image in Chilean doctrine and jurisprudence
José Ignacio Peña Atero
10.5354/rdpu.v0i63.36295
Mar 2015
When analyzing the reality of the human image, it appears as the most outstanding aspect, and tha...
The reforms to the rights guaranteed by the Constitution in the 21st century: the case of freedom of conscience
Cristóbal Orrego Sánchez
10.5354/rdpu.v0i63.36296
Mar 2015
The English sense of humor -conservative, in this case- tells the story of a reader who goes to a library and asks for an issue of the French Constitution, o...
Electronic commerce: some reflections on its constitutional implication (domain names)
Rodrigo Marcelo Aros Chia
10.5354/rdpu.v0i63.36297
Mar 2015
In view of the topic under discussion, relating to "Constitutional Changes in the 20th Century and the future of the Constitution in the 21st Century", I wou...
Economic public order: critical notion
Víctor Manuel Avilés Hernández
10.5354/rdpu.v0i63.36298
Mar 2015
In today's business world, the economic consequences of the actions of private agents far exceed the limits of their own assets, reverberating on a large sca...
Economic Constitution and Entrepreneurial State
Francisco Zúñiga Urbina
10.5354/rdpu.v0i63.36299
Mar 2015
Economic Constitution is an "old-new" category of Constitutional Law, old in European dogmatics a...
Remedy of protection: historical constitutional claim
Jorge Mario Quinzio Figueiredo
10.5354/rdpu.v0i63.36300
Mar 2015
Outstanding Ibero-American writers and constitutionalists among whom we can mention, among others, Héctor Fix-Zamudio, Luis López Guerra, Luis Aguiar de Luqu...
The death of the remedy of protection
Victoriano Cerda Quinteros
10.5354/rdpu.v0i63.36301
Mar 2015
The so-called Remedy of Protection -which is actually an action- is established in our legal system with the main purpose of providing a quick, simple and ef...
The remedy or constitutional action for amparo and the appeal or legal action for amparo in the Code of Criminal Procedure
Paulino Varas Alfonso
10.5354/rdpu.v0i63.36302
Mar 2015
This assertion of the current National Prosecutor prompted us to compile this information in order to show how now the constitutional rights to personal libe...
The constitutional control of legislative acts as progress and future of constitutionalism
José Luis Cea Egaña
10.5354/rdpu.v0i63.36303
Mar 2015
The 20th century was, in Chile and the world, a time of great changes in Constitutional Law, alth...
Framework of the declaration of inapplicability
Alejandro Silva Bascuñán ...
10.5354/rdpu.v0i63.36304
Mar 2015
The 1980 Constitution substantially maintained in its art. 80, although of course with variations that are still relevant, the power that the Supreme Court w...
Extra-constitutional practices at the end of the century
Enrique Navarro Beltrán
10.5354/rdpu.v0i63.36305
Mar 2015
The purpose of this study is to analyze certain practices that have been carried out in the last quarter of a century by the various organs of the State beyo...
Legal reserve, regulatory power and the 1980 Constitution: unpublished antecedents of the Governing Board
Teodoro Ribera Neumann
10.5354/rdpu.v0i63.36306
Mar 2015
A central issue in any democratic society is deciding who can regulate the rights and duties of people. To resolve this, the Republic entrusted the exercise ...
Integration and functions of the National Congress in the 20th century
Juan Pablo Beca Frei
10.5354/rdpu.v0i63.36307
Mar 2015
At the beginning of the 20th century, Chile already has a fully elected bicameral Congress, after...
Presidential elections during the political Constitution of 1925
Sergio Carrasco Delgado
10.5354/rdpu.v0i63.36308
Mar 2015
SUMMARY: 1) Applicable constitutional and legal norms. 2) Opportunities in which the presidential elections were held. 3) Candidates in the elections. 4)Refe...
In defense of the binominal majority electoral system of political scrutiny
Carlos Cruz-Coke Ossa
10.5354/rdpu.v0i63.36309
Mar 2015
The reason for multiple controversies and constant political weapon of the Political Parties of the governing Coalition and, of course, of the Communist Part...
Notes on the processing of treaties
Salvador Mohor Abuauad ...
10.5354/rdpu.v0i63.36310
Mar 2015
In relation to the process of approval in the National Congress of various international treaties, some constitutional problems of great interest have been r...
International Treaties and Constitutional Court
Ana María García Barzelatto
10.5354/rdpu.v0i63.36311
Mar 2015
In recent years, several requirements have been submitted to the Constitutional Court related to ...
The pro requesting principle in the jurisprudence of the Constitutional Court
Carlos Carmona Santander
10.5354/rdpu.v0i63.36312
Mar 2015
No. 2 of art. 82 of the Constitution provides that it is up to the Constitutional Court to resolve constitutionality issues that arise during the processing ...
Less drastic alternatives?: notes on the use and abuse of precautions, exhortations and advice by the Chilean Constitutional Court
Patricio Zapata Larraín
10.5354/rdpu.v0i63.36313
Mar 2015
The precepts of the Political Constitution are not suggestions or mere aspirations. They are orders. And being such, its non-compliance can only carry a sanc...
Public Ministry and environment?
Mariela Rubano Lapastra
10.5354/rdpu.v0i63.36314
Mar 2015
The question that arises is whether there could be any relationship between both expressions: Public Ministry and Environment.
Constitution and Criminal Procedure Code
Emilio Pfeffer Urquiaga
10.5354/rdpu.v0i63.36315
Mar 2015
The new Criminal Procedure Code was published in the Official Gazette on October 12, 2000. The bi...
The guarantee judge: permanent protector of fundamental rights in criminal procedure reform
Paulino Varas Alfonso
10.5354/rdpu.v0i63.36316
Mar 2015
Precisely these notes are intended to demonstrate how the Criminal Procedure Reform consecrates the Guarantee Judge as the Permanent Protector of the 5 funda...
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