Jurisdictional redundancy as strategy in conflicting areas of administrative litigation in Chile

Abstract

This research argues that in those areas where an overlap of processes and courts can be found, our administrative justice scheme corresponds to what the American author Robert Cover identified as a system of complex concurrency. It can be best understood as a vehicle for communication among social groups with opposing interests and world views in conflict. This means that, despite what an analysis from a dogmatic perspective might suggest, there are no technical or "correct" solutions for the coordination of concurrency in the field of administrative litigation in our country. By contrast, areas of concurrency will change without restriction, depending on what are the most prominent political and social conflicts at a particular time, either through the demand for access to certain jurisdictional remedies or requiring the creation of new fora.