Conflict of powers between the executive branch and first instance tribunals: Unconstitutionality or ipso facto abrogation of the final paragraph of article 191 of the tribunals' code?

Abstract

The Chilean Supreme Court authority to decide the conflicts of power between the Executive branch and first instance tribunals, was given to the Constitutional Court by the 2005 constitutional amendment. In spite of the new constitutional clause, the Congress has not adapted the final paragraph of article 191 of the Tribunal’s Code, which regulates the issue. Therefore, the statutory provision is now incompatible with the new constitutional regulation. However, the Supreme Court has applied that legal provision, despite of its lack of constitutional validity. Thus, according to the Supreme Court, the conflicts of power cannot be solved by the Constitutional Court and, also, the final paragraph of article 191 of the Tribunal’s Code cannot be subject to judicial review.