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A dissenting lucky. Role 552 of 11.03.2008.

is often overlooked that the fundamental nature of a constitution lies precisely that. This statement seems somewhat cryptic or tautological only meant to draw attention to the fact that, for the most part, the constitutional issues are a basic simplicity. Comment on the failure, the question was whether, and there is a pending management, statutory provisions that enable the payment of compensation for expropriation (which would be the date on which it actually had occurred) - through vouchers, were consistent with the constitutional provision requires that, failing agreement, that compensation be paid in cash. The foundations of the ruling, which rejected the request of inapplicability-flow through side roads that have little to do with the core of the matter. The dissenting opinion, however, ministers Raúl Bertelsen Repetto, Mario Fernández Baeza and Marcelo Venegas Palacios has two merits: it raises in all its simplicity and solves the issue by applying a basic principle: the Constitution and all its provisions, save the particular situations covered by transitional provisions, governing in actum. The application of a legal precept, without agreement, authorizes the payment of compensation for expropriation in the form of bonds, outstanding management after March 11, 1981, is normatively incompatible with art. 19 N º 24 of the Constitution.

The majority ruling contains in nuce a dangerous limitation of the validity of the Constitution. In this light, it remains open to argue that situations consolidated under the legal and constitutional regulations in force prior to March 11, 1981 constitute a limit to the application of the Constitution, and, consequently, should only be considered in the light of the provisions in force at the time. Notes point 46 º "... that right is protected by the domain guaranteed by article 19 N º 24 of the Constitution in force, but in terms provided for payment in the fundamental and legal system in effect upon consummation of this act of expropriation, "

Leaving the field of constitutional law, to the regulars of the common law must be somewhat surprised by the aforementioned consideration, at least from the law October 7, 1861 in Chile governs the principle that valid rights acquired under the rule of law under the law still further, but are arranged in practice and how to assert them ....

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