Abstract

MARTINEZ BENAVIDES, Patricio. THE PRINCIPLE OF INEXCUSABILITY AND THE RULE OF ACTION FROM THE CONSTITUTIONAL POINT OF VIEW. Rev. chil. derecho [online]. 2012, vol.39, n.1, pp. 113-147. ISSN 0718-3437.  http://dx.doi.org/10.4067/S0718-34372012000100006.

We intend to make a reflection on the constitutional principle of inexcusability from a civil procedural standpoint, as an organic correlate and counter face to the right to be heard in its current understanding as fundamental right to the effective judicial protection. For this, we will make a brief account of its scope, and then we will propose an extension of its meaning in the light of the constitutional state paradigm.

Keywords : Non liquet; rule of action; right to be heard; fundamental right to effective jurisdictional guardianship.