The Chilean system of administrative justice: review of the legality of the administrative acts or protection of rights and/or interests

Abstract

This work analyses the Chilean system of judicial review based on the distinction between objective and individualised models. Having considered the main features of those models, the work focuses on the protection of individual legal positions in the context of the individualised models in a comparative perspective. This leads to look at the Chilean system, which draw on the existing rules. From here, the paper concludes that there is an individualised model of judicial review in Chilean Law since the matter is centred on the protection of individual legal positions, and not on the legality of administrative decisions. Although in Chilean law those positions amount to individual rights, it is also acceptable to include 'legitimate interests' in the concept. But the foregoing can be done only to a limited extent, such that virtually lead 'legitimate interests' back to the 'rights' category.