Evolution of Procedural Law and Jurisdiction

Historical Evolution of Procedural Law

The Ancient Period and the Magna Carta

Ancient Period: This era includes historical periods from Antiquity, the Middle Ages, and Modern Times. During this time, there was no independent or autonomous judiciary. The governmental authority, often a priestly monarchy, exercised that function directly or through other organs and services that depended on it. The procedure was essentially formalistic, and its object was to decide and settle disputes. It is noteworthy in this period that the Magna Carta of 1215 established, as a fundamental guarantee, that "no one could be seized, stripped of their property, or killed, except under a trial and under the law of the country."

The Modern Period and Separation of Powers

Modern Period: This period spans from the French Revolution to the formulation of the doctrine of procedural law (1789-1856). It features an independent and autonomous judiciary, equality before the law, and is characterized by private law procedural rules. It had no doctrine of its own, and its institutions—such as capacity, mandate, or revocation—were based on the same civil law designed for the process. The prevailing theory was the separation of public powers, as laid down by Montesquieu.

The Contemporary Period: Law as a Science

Contemporary Period: This includes the current doctrine of procedural law as an independent, autonomous science with public nuances. It started in 1856 with the publication of Windscheid's book, "The Action of Roman Law from the Modern Point of View." The current doctrine of procedural law is based on the objectivity of jurisdiction, the autonomy of action, the existence of the procedural legal relationship, and the public law nature of procedural rules.

Development of Procedural Law in Chile

In Chile, three periods are recognized:

• a) Spanish Law (1541-1810): Governed by colonial regulations.
• b) Joint Law (1810-1875): Includes laws and practices from both Spanish and Chilean origins.
• c) National Law (1875 to present): A system governed mainly by Chilean law.

Only after the enactment of the Codes of Procedure (1902 and 1906) can we affirm the fullness of domestic procedural law.

Defining Jurisdiction According to Couture

Jurisdiction according to Couture: It is a public function conducted by competent state bodies with the forms required by law, under which a trial is held by the act of determining the rights of the parties in order to settle their disputes and controversies of legal significance, through res judicata decisions that are eventually feasible of implementation.