Articles received by April 30 can be published in the first semester, and those received by September 15 can be published in the corresponding second-semester issue.
The lex mitior-principle and the chilean Constitutional Court
Authors
Antonio Bascuñán Rodríguez
Universidad Adolfo Ibáñez
The article examines the constitutional status of the lex mitior-principle (retroactive application of the milder criminal law). This review provides a frame work for the analysis of a judgment of the Chilean Constitutional Court regarding a case arised by the application of a saving provision of the reform of chilean Bankruptcy law. The problema examined is the determination of the margin of legislative discretion left by the constitutional entrenchment of the principle.
Keywords:
Time and law, lex mitior, retrospective application of the milder law, legality, saving provision, reform of chilean bankruptcy law, Act 20.720
Author Biography
Antonio Bascuñán Rodríguez, Universidad Adolfo Ibáñez
Bascuñán Rodríguez, A. (2015). The lex mitior-principle and the chilean Constitutional Court. Revista De Estudios De La Justicia, (23), pp. 11–68. https://doi.org/10.5354/rej.v0i23.38974