A group of 16 constituents entered this day a proposal for a constitutional rule in order to eliminate the Constitutional Court from the new Magna Carta.
As explained in the presentation of the initiative, Manuela Royo indicated that “part of what is the crisis of our justice system is related to the strong questioning of the control exercised by the TC. In this sense, today we present an initiative that establishes the control of the inapplicability of a norm due to unconstitutionality ”.
In that sense, he asserted that the objective is to put an end to “the preventive control of constitutionality carried out by the TC and also the repressive control of the inapplicability of a norm, which is related to understanding and establishing whether a norm is in accordance with the law or not. Constitution”.
In the text of the proposal, it is also stated that “there are good reasons to maintain that this type of concrete control should be based in a court such as the Supreme Court, whose ministers are elected on their merits, who have training of judges and that for the same reason they are more likely to understand that exercising this competence does not imply questioning the constitutionality of the law in the abstract, but verifying that there are no exceptions with unconstitutional effects “
Together with members of the Justice Systems commission, we entered an initiative that eliminates the Constitutional Court in the New Constitution.
– Manuela Royo Letelier (@RoyoManuela) December 30, 2021