It is a fundamental principle in the exercise of a power, that without whose presence it ceases to function. In my opinion, they are fundamental principles in the exercise of the jurisdictional power, the legality, the congruence and the decisive inexcusability. The absence of any of them in the knowledge and resolution of a jurisdictional issue leaves him deprived of value and effectiveness. In this reflection we will address this last principle, not only because of its decisive importance to effectively solve a judicial issue, but also because of the importance that the Chilean political system has recognized in granting it constitutional rank. The decisive inexcusability consists of the obligation that the Constitution imposes on the judge to decide directly the conflict or issue that, being of its competence, has been submitted to it, having to resolve it according to the
Álvarez, L. R. (2019). The constitutional principle of decisive inexcusability. Revista De Derecho Público, (90), 113–134. https://doi.org/10.5354/0719-5249.2019.53997
