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Nonjudicial administrative justice in Latin America: A case study of the Chilean Comptroller-General

Jiménez, Guillermo; (2018) Nonjudicial administrative justice in Latin America: A case study of the Chilean Comptroller-General. Doctoral thesis (Ph.D), UCL (University College London). Green open access

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Abstract

The design of appropriate institutional arrangements to satisfy the demands for legal accountability has been a pervasive challenge since the emergence of the modern administrative state. While some commentators have celebrated the development of increasingly searching judicial techniques to control bureaucratic power, others have expressed their preference for nonjudicial forms of administrative justice. Recent literature has explored the development of a rich accountability landscape inhabited by numerous institutions that complement and sometimes substitute for courts in the task of securing administrative compliance with the rule of law. This study examines the Chilean Office of the Comptroller-General as one of these nonjudicial institutions of administrative justice. The contribution of this legal accountability institution is particularly remarkable considering the Latin American context, which is characterised by strong presidential government, authoritarian experiences, and fragile bureaucratic capacities. This thesis suggests that this organisation represents an attractive institutional incarnation of the idea that legal accountability, and particularly administrative justice, could be realised through non-court arrangements. Adopting a socio-legal approach, this case study uses historical and archival data along with in-depth interviewing methods to explore the evolution and current performance of the Chilean Comptroller-General as an instance of nonjudicial administrative justice. The thesis looks at historical and current uses of legality within the administrative process in Chile and also its use in the interaction of public bureaucracy with other branches of government, as well as private affected parties. Addressing the historical evolution of the institution, the emergence, consolidation, and critical junctures for the Chilean Comptroller-General are analysed. In addition, the current contribution of the office to legality within the administrative process, and the delimitation of its role from the judicial function are examined. Overall, the thesis aims to shed light on the possibilities and limits of nonjudicial administrative justice in the modern Latin American state.

Type: Thesis (Doctoral)
Qualification: Ph.D
Title: Nonjudicial administrative justice in Latin America: A case study of the Chilean Comptroller-General
Event: UCL (University College London)
Open access status: An open access version is available from UCL Discovery
Language: English
UCL classification: UCL > Provost and Vice Provost Offices
UCL > Provost and Vice Provost Offices > UCL SLASH
UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of Laws
URI: https://discovery.ucl.ac.uk/id/eprint/10052326
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