Responsabilidad patrimonial del estado colombiano por el hecho del legislador

In a social and democratic state governed by the rule of law there is no more legal act than the legislative power that rests with the people who delegate it by means of voting in Congress (article 3 C.P.). The law enjoys a legitimacy presumption or validity greater than any other public engagement...

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Detalles Bibliográficos
Autor Principal: Echeverria Acuña, Mario Armando
Formato: Derecho constitucional
Lenguaje:Español (Spanish)
Publicado: Universidad Libre Sede Cartagena 2012
Materias:
Descripción
Sumario:In a social and democratic state governed by the rule of law there is no more legal act than the legislative power that rests with the people who delegate it by means of voting in Congress (article 3 C.P.). The law enjoys a legitimacy presumption or validity greater than any other public engagement for as long as there is no proof to the contrary in the constitutional court through any of the processes designed to oversight the constitutionality of the law. However, even with all of the above, the Government through its constitutional legislative body can cause harm to any administered individuals. For that reason, one of the Government’s responsibility’s most complex facets is the one that arises when the government, by complying with its legislative duty, becomes a harm agent. Then the intent is to accept the fact that the law can cause illegal harm to the administered individuals; it could affect the society’s economic, political and legal scope.