Powers and prerogatives of the public agencies in the Chilean administrative system

Abstract

From the point of view of the systems of civil law, Administrative Law is considered to be a body of principles and rules regulating the organization of the public agencies, its means and ways of proceeding, with a different content of those rules that regulate relations between private subjects. This has been stated essentially on the basis of the particularity of the legally protected interest — the general interest — which allows for the public agencies to utilise public powers and prerogatives. These characteristic qualities are also present in the Chilean Administrative System, although their content and extension have been subject of much debate, and even their constitutionality has been questioned by some scholars. The present work aims to determine which these characteristics are, their fundaments, manifestations, content and their relation with the Rule of Law in a constitutional State.