The Repressive and Specific Constitutionality Control of the International Treaties as Source of National Law: A Critical View of the Sentences N°1288 y N°2789 of the Chilean Constitutional Court

Authors

  • Manuel Arturo Yáñez Espinoza Universidad de Talca

Abstract

We study and analyze two decisions of the Constitutional Court in which it rules on the merits of the action of unconstitutionality of international treaties. In the first it is based implore the possibility of action of inapplicability, in the second and without further reasoning that option is discarded. It argues against critically and considering international treaties as a source of domestic law, which they themselves are legal provisions and it is subject to specific repressive control of constitutionality, making it clear, the eventual possibility of international responsibility of the State.

Keywords:

Constitutional Court, Specific Repressive Control of Constitutionality, International Treaties