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Invariability and unconstitutionality
CL🏛️ PoliticsProgressive13 hr. ago

Invariability and unconstitutionality

The article discusses Article 33 of a proposed 'megareform' law in Chile, which would establish a tax immunity regime for certain investors through executive contracts, bypassing legislative review for five consecutive terms. The piece argues that this provision violates constitutional principles by limiting the legislature’s authority to amend or repeal laws, a power explicitly granted under the Constitution. It critiques arguments defending the measure as a continuation of a 1974 decree, noting that such a decree was enacted during dictatorship without constitutional oversight and was never examined by the Constitutional Court. The author asserts that if passed, the provision would be unconstitutional because it restricts future legislative capacity over taxation, a core legislative function. The article warns that even if the measure does not directly contradict constitutional provisions, it could still violate the Constitution by imposing overly burdensome conditions on legislative action.

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1 reports

La Tercera logoLa TerceraIndependent🔒Progressive13 hr. ago
Invariability and unconstitutionality

The article discusses Article 33 of a proposed 'megareform' law in Chile, which would establish a tax immunity regime for certain investors through executive contracts, bypassing legislative review for five consecutive terms. The piece argues that this provision violates constitutional principles by limiting the legislature’s authority to amend or repeal laws, a power explicitly granted under the Constitution. It critiques arguments defending the measure as a continuation of a 1974 decree, noting that such a decree was enacted during dictatorship without constitutional oversight and was never examined by the Constitutional Court. The author asserts that if passed, the provision would be unconstitutional because it restricts future legislative capacity over taxation, a core legislative function. The article warns that even if the measure does not directly contradict constitutional provisions, it could still violate the Constitution by imposing overly burdensome conditions on legislative action.

Bias read (Progressive): The article frames the issue as a constitutional violation by the executive branch, emphasizing the restriction of legislative powers and the potential illegality of the proposed tax immunity regime. It uses strong legal terminology and criticizes the executive's attempt to bypass legislative checks

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