Eduardo Cordero

• Senior Researcher at Pontifical Catholic University of Valparaíso

This research studies the regulation as a source of administrative law in Chile and its jurisdictional control. The author maintains that these norms have acquired a set of characteristics and elements that give him a physiognomy that distinguishes him from other sources. Thus, the regulation has a central function in the development of the constit...

The objective of this research is to establish what the thought of Andres Bello was regarding public goods and how they were regulated in the Chilean civil codification, as a previous and necessary step to formulate a general theory of public goods in Chilean law. For this purpose, a dogmatic historical methodology is followed, considering the regu...

This research aims to determine how has emerged and developed the Urban Law in Chile, based on a set of the rules and institutions that give a special appearance that distinguish the common law and the techniques from the administrative police intervention. The main thesis is that this phenomenon occurs as a result of social and economic changes ex...

This paper reviews the background and purpose of the Strategic Environmental Assessment (SEA) in our legal system and its application to urban planning, from its recent legal and statutory regulations, as well as administrative interpretation of the Contraloría General de la República. The authors argue that the SEA is a necessary and appropriate i...

La inviolabilidad parlamentaria constituye uno de los privilegios parlamentarios de mayor relevancia de nuestro sistema juridico nacional, pero que a la vez conlleva una seria limitacion a una de las garantias basicas de toda persona, que es el respeto y proteccion de su honra y la de su familia (Art. 19 no. 4 CP) que no es sino una proyeccion de l...

This work analyzes the regime applicable to lands subject to public domain by urban planning regulations and the problems posed regarding what is in that real state. It explains the way in which the declaration of public domain is established, the limitations on the owners and the mistakes incurred when including formulae for solutions biased in fa...

This research aims to determine the nature of planning law in the Chilean legal system. In order to do so, this paper discusses about the identity of its contents, its autonomy as a legal discipline, and its framework of principles.

The aim of this work is to determine the principles that govern the sanctioning power of the Administration pursuant to the national (administrative, judicial and constitutional) doctrine and jurisprudence. The constitutional principles of criminal offense, as well as those related to common criminal legislation, are projected from the ontological...

This paper aims to analyze the problem of administrative sanctions from the categories of the Regulatory haw. The author argues that the activity of the regulatory does not constitute a new function of the public Administration. On the contrary, there is an overlap on traditional concepts such as police and public service, but supported by other gr...

This paper aims to examine, from the doctirne of crime and administrative offenses, the relationship between punitive administrative law and criminal law penalties. The author argues that Chilean doctrine and jurisprudence have followed the foreign law, without due attention to the scope that they should have under the Chilean Constitution. The ont...

In this work the authors analyze the problem of the constitutional foundations of the State Administration’s sanctioning power, based on criteria established by the Constitutional Court and the criticism raised by the doctrine. On the first hand, the actual reach of the concept of administrative self-guardianship is determined and, on the other han...

This research aims to establish the concept of administrative sanction according to the Chilean doctrine and jurisprudence. To achieve that, the author discusses the differences between those sanctions, the unfavorable administrative acts and criminal penalties, and the way how the doctrine and jurisprudence have interpreted it. It is argued that t...

This article analyzes the scope within which the concept of "land use planning" is used according to our Law and places it face to face with the postulates of the so called "environmental justice" in order to define the problems raised with respect to the fair treatment that everybody must receive in terms of stipulations regarding the use of coast...

This research reviews the types of laws in the Chilean legal system in order to establish its nature and principles which should solve the problem of clash of norms, keeping in mind the criteria of legal doctrine and the jurisprudence of the Chilean Constitutional Court. The author maintains the inexistence of substantive concept of the types of la...

This research reviews the types of laws in the Chilean legal system in order to establish its nature and principles which should solve the problem of clash of norms, keeping in mind the criteria of legal doctrine and the jurisprudence of the Chilean Constitutional Court. The author maintains the inexistence of substantive concept of the types of la...

This research examines the meaning and rationale of delegated legislation in Chilean law, in order to establish its role within the constitutional system of sources of law. The Author reviews the comparative and historical backgrounds of legislative delegations and concludes its collaborative role with the legislation, where the latter articulates...

Esta investigación analiza el sentido y fundamentos de la legislación delegada en el Derecho chileno, con el objeto de establecer la función constitucional que tiene asignada dentro del sistema de fuentes del Derecho consagrado por la Carta Fundamental. El autor revisa los antecedentes comparados e históricos de las delegaciones legislativas, para...

This research analyzes from a general perspective the nature, foundations and eífects of the different norms that arise from the State controlled agencies, in order to set a general framework to comprehend the way in which they are integrated into our legal system. The author sustains that the analysis must focus in the substantial elements of thes...

In this document the author analyses the development and the current sense of the scope of the law and the regulatory authority according to the Chilean Constitution. In this sense, this document intends to demonstrate that the distribution of regulatory jurisdictions has not changed the primacy of the law in the system of sources of law, and grant...

From the normative, theory and jurisprudence developed under Chilean Constitution of 1980, this research pretends to identify the structural rules and principles of the Chilean legal order. It will help to recognize the rules applicableto a single case and the guiding principles for clash of norms, in a pluralistic and intricate system of law sourc...

This work attempts to identify the nuclear elements of the discipline of property from the liberal revolutions, in order to explain the sense and function of this right in the contemporary legal systems. For this purpose, the basics for the liberal conceptualization of property and the formulation of its absolute nature are developed, to then expla...

El presente trabajo intenta demostrar que el contenido conceptual del derecho de propiedad como el derecho más absoluto de disponer de las cosas se construye en los códigos modernos a partir de la evolución de la propiedad en el régimen feudal, y no a partir de categorías conceptuales del Derecho romano. De este modo, el carácter absoluto de la pro...

The author analyses how urban law has expanded its reach by regulating urban property and by influencing on the legal regime of public property. The manner in which the land planning instruments are articulated with the sector regime of public property in Chile (coasts, water, highways, streets, etc.) is studied to explain the way the different per...

Este trabajo desarrolla el origen de las garantías institucionales en el Derecho alemán y el valor actual que tiene en dicho sistema, para después explicar el sentido que adopta la propiedad como garantía de instituto y las consecuencias jurídico-constitucionales que derivan de dicha categoría, a fin de contar con los elementos que permitan afronta...

The author describes the current state of Chilean constitutional theory regarding the right of property. He does it by examining the regulatory history of this right, the records of the Comisión de Estudios de la Nueva Constitución (Commission for the Study of the New Constitution) and the most relevant judicial decisions on the subject. The aim of...