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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.

 

The constitutional principle of decisive inexcusability

Authors

  • Lautaro Ríos Álvarez Universidad de Valparaíso, Chile

Abstract

It is a fundamental principle in the exercise of a power, that without whose presence it ceases to function. In my opinion, they are fundamental principles in the exercise of the jurisdictional power, the legality, the congruence and the decisive inexcusability. The absence of any of them in the knowledge and resolution of a jurisdictional issue leaves him deprived of value and effectiveness. In this reflection we will address this last principle, not only because of its decisive importance to effectively solve a judicial issue, but also because of the importance that the Chilean political system has recognized in granting it constitutional rank. The decisive inexcusability consists of the obligation that the Constitution imposes on the judge to decide directly the conflict or issue that, being of its competence, has been submitted to it, having to resolve it according to the

Keywords:

Inexcusability, resolutive, constitutional