The regulation and its judicial review

Abstract

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 constitutional and legal precepts; and a directive position within the administrative norms. From this hypothesis, other problems are solved, such as its relationship with the law, abandoning the traditional thesis of the legal maximum domain; the distinction with administrative acts, circulars and the official interpretation of the Administration; the scope of its obligatory force; the illegalities that may affect it and the control mechanisms, in particular the jurisdictional control.