Jurisprudential analysis of the judicial review of municipal acts: interpretative chaos and doubtful standards

Abstract

This paper conducts a critical analysis of the main judicial decisions about the Chilean system of judicial review against municipal acts. The hypothesis is that the Courts have made an important contribution on this matter, making clearer the legal procedures for this kind of judicial review in the absence of detailed legislation. However, these judgements fail to homogenize criteria, and therefore they produce spaces of legal uncertainty in the formulation of the fundamental right to an effective legal remedy.