Research articles
Legitimate interest and procedural interest in the Chilean environmental justice system
Published 2019-01-07
Keywords
- Administrative Law,
- Procedural Law,
- Administrative justice,
- legitimate interest,
- environment
- claim,
- procedural interest ...More
How to Cite
Bordali Salamanca, A. (2019). Legitimate interest and procedural interest in the Chilean environmental justice system. Revista De Derecho - Pontificia Universidad Católica De Valparaíso, 51(2). Retrieved from https://www.rdpucv.cl/index.php/rderecho/article/view/1200
Abstract
In this paper, I approach the concept of legitimate interest as the classic devise of continental law to determine the legal standing of the plaintiff in the access to the administrative justice system. It is maintained that this concept has been introduced in the Chilean legal system, joining the concept of subjective right, as a legal position of a substantial natu-re. Legitimate interest is, therefore, at the base of environmental claims. It is argued that the legitimate interest is a requirement different from the proce-dural interest to bring a case before a Court of law.