Declaration of unconstitutionality of organizations, movements or political parties

Authors

  • Augusto Quintana Benavides Profesor de Derecho Constitucional, Universidad de Chile

Abstract

Law No. 20,381 introduced various amendments to the Constitutional Organic Law of the Constitutional Court and, among them, those related to the processing of public actions that are presented before the Court to declare unconstitutional organizations and movements and political parties, in situations authorized by the Constitution. In this work, such amendments are the object of a critical analysis and observations, the most relevant conclusion being that the legislative modification is incomplete and, in some situations, not very neat; which is unfortunate given the importance of this constitutional procedure for the defense of democracy.

Keywords:

Public action, Declaration of unconstitutionality, Political parties, Defense of the democracy