Res judicata in the control of constitutionality (and a critical reading of Law 20,381 reforming the Constitutional Organic Law of the Court)

Authors

  • Raúl Tavolari Oliveros Profesor de Derecho Procesal, Universidad de Chile

Abstract

Analyzes the institution of res judicata within the framework of the sentences that the Constitutional Court must pronounce regarding conflicts of constitutionality, in the light of comparative law and national law, covering constitutionality issues on agreed orders, bills, constitutional reform, international treaties, decrees with the force of law, calls for plebiscites and issues of inapplicability.

Keywords:

Res iudicata, Constitutional control, Rights, Legal security, Constitutional ruling