Selected criteria applied by the Constitutional Court to the legal status of foreigners in Chile

Abstract

This paper reviews some criteria of the Constitutional Court in relation to the first paragraph of Article 13 of Decree No 1094, which regulates the expulsion of foreigners from Chile. This legal norm was adopted by the military junta in 1975. We analyses the invocation of IHRL and the Constitutional Law as a deterrent of the powers of the State; the declara-tion of inapplicability [of the norm] due to its unconstitutionality and its pre-constitutional and pre-conventional nature which violates fundamental rights and development of a legal status of foreigners in the light of the Constitution and international human rights law and norm