Abstract

SOTO DELGADO, Pablo. A Conservative Turn on Administrative Sanctions in Chile: Transforming the Administration Into a Judge to Unprotect the Public Interest. Rev. Fac. Der. [online]. 2018, n.45, pp.344-400. ISSN 0797-8316.  https://doi.org/10.22187/rfd2018n45a9.

The paper analyzes the conservative turn of the Chilean Constitutional Court regarding administrative sanctions, whose last manifestation is the unconstitutionality of the sanctioning power granted to the consumer protection agency. The consequences of this decision for Consumer Law and regulatory institutions justify this article that disputes the definition of the administrative sanctioning activity as a naturally jurisdictional function, as well as the assertion that the Administration adopts necessarily biased decisions when imposes sanctions.

Keywords : administrative sanctions; administrative sanctioning law; impartiality of the administration; separation of powers; separation of functions; regulatory compliance; consumer law.

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