20 Years from Aedo v. Fisco: Is There Still Something of the Old Public Law Nullity?

On November 27, 2000, the Supreme Court decided the case "Aedo v Fisco", which set an important precedent regarding the understanding that traditional doctrine and case law had regarding public law nullity and its scope. After two decades, the question arises regarding the validity of this...

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Bibliographic Details
Published in:Latin American Legal Studies 2023-12, Vol.11 (2), p.182-254
Main Author: Millar, Cristóbal
Format: Article
Language:English
Online Access:Get full text
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Summary:On November 27, 2000, the Supreme Court decided the case "Aedo v Fisco", which set an important precedent regarding the understanding that traditional doctrine and case law had regarding public law nullity and its scope. After two decades, the question arises regarding the validity of this line of cases. Based on the examination of ten subsequent cases, a brief analysis of the new contours that the Supreme Court has set out regarding the general regime of the action for public law annulment is presented. In light of the evidence provided by the rulings, the author questions the validity of this action as a general mechanism for protecting the rights of the administered, noting the troublesome state of national administrative litigation.
ISSN:0719-9104
0719-9112
DOI:10.15691/0719-9112Vol11n2a5