The principle of legality and the nullity of Public Law in the Political Constitution. Basis for the application of a Common Law solution

Authors

  • Jorge Bermúdez Soto Profesor de Derecho Administrativo, Escuela de Derecho PUCV

Abstract

The purpose of this work is to analyze, based on the data given that it represents the principle of legality, the scope of the constitutional provisions that have traditionally been indicated as the basis of the so-called nullity of Public Law. Likewise, based on the analysis of a recent sentence of the Supreme Court, a probable solution to the problems posed by the low normative density that Chilean Administrative Law presents in this matter will be exposed, considering the possibility of basing the law on common law norms. regulation of said institution.

Keywords:

Public Law, Principle of legality, Nulity of public law, Administrative Law, Supreme Court