The Constitutionalization of the Appeal Proceedings in the Chilean Administrative Litigation

Abstract

Recently, the Chilean Constitutional Court sanctioned the unconstitutionality of administrative contentious processes without appeal proceedings, under an abstract and general control. Retrospectively, this judgment represents a shift in case law, which had only affirmed a principle of appeal in administrative contentious processes. Prospectively, this judgment is also a modification of an interpretative criterion capable of producing different effects relating to judicial review of administrative decisions. This article analyzes each aspect and investigates the basis of the declaration of unconstitutionality administrative contentious processes without appeal proceedings. Subsequently, different readings are proposed in relation to the constitutionality of administrative contentious processes without appeal proceedings. © 2024 Universidad Nacional Autonoma de Mexico. All rights reserved.