In 1688, the Bill of Rights stated that “debates or proceedings in Parliament ought not to be impeached or questioned in any Court or Place out of Parliament”. Since then, and for centuries, lawmaking process was far from the scrutiny of the judiciary. However, with the spread of constitutional courts after WWII, the so-called interna corporis acta doctrine started to limit its effects in the legislative process. The presentation examines case law of Chilean, Spanish, German and Colombian Constitutional Court and sheds light to new debates over the role of judges in the legislative arena and the right judicial scrutiny of law making due process. At the end, case law shows an active intervention of courts looking for the protection of several constitutional clauses or democratic values.
This contribution analyzes the characteristics of abstract and concrete constitutional control of the vices of the law. Given the autonomy of the legislator in the process of law-making, the powers of the Constitutional Court of Chile and the limits to which it is subject in the examination of such defects are reviewed. To do this, his most relevant case law is analyzed, stopping in which invoked respect for the democratic principle and conservation of the acts of the legislature.
This contribution analyzes the adjudication of constitutional norms on procedural grounds through the lens of comparative law. It shows how and when Supreme and Constitutional Courts have used procedural criteria to decide upon constitutional amendments, devoting special attention to those judgments in which the corresponding parliaments have been considered not to be entitled to pass such amendments. The presentation will focus on concrete cases in order to build a more comprehensive reconstruction of the issue.
The inapplicability action delivered to the Constitutional Chilean Court (TC) emphasizes the concrete control mechanism of constitutionality. The history of the constitutional norm confirms the thesis that the control of constitutionality also extends to the vices of form; which has been ratified by the jurisprudence of the TC.
The presentation examines the jurisprudence of the TC, that has analyzed the situation -particularly- in relation to inapplications linked to precepts that would not have been approved by the constitutional organic quorum, actions that in general have been discarded. There have also been regarding precepts revised preventively by the TC. In the same way, they could also be related to vices associated with the lack of consultation of bodies during the processing of the law, violation of the legal reserve and constitutional limitations on matters delegable in DFL and, in general, breaches to the approval quorum.