Legal conflicts and constitutional conflicts as institutional guarantee of the constitutional jurisdiction

Abstract

The research presented in this article describes how the so called “legal conflicts” and “constitutional conflicts” could be conceived as institutional guarantee of the constitutional jurisdiction. These concepts have operated in praxis as elements of declination or adjudication of jurisdiction to the Chile’s Constitutional Tribunal, especially when hearing a non application decision, and, for instance, they emerged as deferential mechanisms between constitutional jurisdiction and ordinary jurisdiction.