The constitutional control of administrative appeals in Chile

Abstract

Based on the dogmatic method and the case law review, the purpose of this paper is to analyze the constitutional control of administrative appeals in Chile. In this context, this paper demonstrates that the absence of express provisions has not prevented the Constitutional Court from verifying the constitutionality of the laws that develop such challenge-related mechanisms. However, such control presents significant differences depending on whether it is exercised in a preventive or repressive manner. In the preventive variant, on the one hand, the examination of administrative appeals has been strictly formal, limited to verifying quorums for legislative approval. In the repressive variant, on the other hand, the review of these mechanisms has been extended due to the substantial nature of the criteria applied. © The Author(s), 2023.