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The Public Law Journal of the Universidad de Chile invites national and foreign authors to participate in the next issue of the Journal, corresponding to the second semester of 2024.

Articles must conform to the editorial guidelines, which can be found at: https://revistaderechopublico.uchile.cl/index.php/RDPU/about/submissions

The papers are subjected to a blind peer review process.

 

Constitutional basis of the taking reason and the dictaminate power of the General Comptroller of the Republic

Authors

  • Enrique Navarro Beltrán Profesor titular de Derecho Constitucional y Director del Departamento de Derecho Público, Facultad de Derecho, Universidad de Chile

Abstract

This article investigates the constitutional basis of the taking reason of administrative acts and the issuance of opinions concerning the General Comptroller of the Republic. While the taking reason imports a preventive control of subjection of the acts of the Administration to the Constitution and to the law, the dictaminate power its a consultation act formulated by the organs of the State administration or an act of response to requests from individuals or officials. In this sense, the author develops the normative background and the jurisprudence criteria that have shaped both constitutional powers, the tensions raised regarding the conservative powers of the courts of justice, as well the limitations that circumscribe the exercise of the powers of the control organ, objects of this study.

Keywords:

General Comptroller of the Republic, taking reason, juridical control of administrative acts