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The Public Law Journal of the Universidad de Chile invites national and foreign authors to participate in the next issue of the Journal, corresponding to the second semester of 2024.

Articles must conform to the editorial guidelines, which can be found at: https://revistaderechopublico.uchile.cl/index.php/RDPU/about/submissions

The papers are subjected to a blind peer review process.

 

The normative force of the Constitution

Authors

  • Miguel Angel Fernández González Universidad Católica de Chile

Abstract

The author proposes, based on the Principle of Normative Force or Direct or Immediate Linkage of the Constitution, enshrined in its article 6, paragraph 20, that the direct application of any constitutional provision may be required before the competent court, so that the judge adopt the measures aimed at the protection and effectiveness of fundamental rights or to declare the omission, giving rise to the pertinent compensation for damages or institutional political control as appropriate.

Keywords:

Constitution, Normative force, Direct linkage, Fundamental rights