Notas sobre la evolución histórica del control de constitucionalidad de las leyes en Chile

Abstract

The emergence of constitutional courts in the first decades of the twentieth century, not only constitutes a complete change in the understanding of the constitution and its implementation, but also signified serious transformations in the Westem legal systems of the time. In that sense, the author elaborates on the status of normative supremacy law of the constitution, present in the national iuspublicista doctrine, and the establishment of courts with powers to control the form and content of legislative decisions contrary to the constitution. Also, the article discusses, from a historical legal analysis of the provisions of the Constitution of 1833, the norms consecrated in the Constitution of 1925 and the constitutional practice of the time, the enactment of the 1980 constitution and the subsequent constitutional reforms of 2005, which set up a new system of constitutional review of laws.