Breach of the right to equality before the law in arbitrary administrative acts [2.3030]

Abstract

This case law commentary examines the current jurisprudential standards of the Chilean Supreme Court with respect to the internal control of legality of administrative acts. This is a traditional issue in the study of administrative law, as it is one of the foundations of the principle of legality of the actions of the Administration in a State governed by the rule of law. The ruling exposes how the lack of motivation or substantiation of an administrative act is determined to be illegal and arbitrary by incurring in discrimination. In the case in question, we are presented with an act that determines the remuneration of medical specialists of the North Metropolitan Health Service. It is, therefore, a case that evidences the trend towards the "constitutionalization" of administrative law and is reflected in the increasingly less tolerant attitude of the Supreme Court when judging the arbitrariness of the Administration.