La responsabilidad del Estado por la actividad del legislador
Analyzing the phenomenon of State responsibility for acts caused the legislator, has been a work done by both the doctrine and jurisprudence in the mid-twentieth century. In France, for example, introduced the first precedent in case law in 1934. In Spain, the study began to be managed with the prom...
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Main Authors: | , |
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Format: | Article |
Language: | Spanish |
Published: |
Universidad Externado de Colombia
2012
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Subjects: | |
Online Access: | http://dialnet.unirioja.es/servlet/oaiart?codigo=4272709 |
Source: | Revista Derecho del Estado, ISSN 0122-9893, Nº. 29, 2012, pags. 145-173 |
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Summary: |
Analyzing the phenomenon of State responsibility for acts caused the legislator,
has been a work done by both the doctrine and jurisprudence in the
mid-twentieth century. In France, for example, introduced the first precedent
in case law in 1934. In Spain, the study began to be managed with the promulgation
of the Constitution of 1978 introduced the first court ruling in the
year 1993. For Colombia, the Constitution of 1991 introduced in Article 90
the constitutional basis of the liability of the State, without any implication
that the jurisprudence of the Council of State found the foundations of this
responsibility in various provisions of the Constitution. However, the early
failures associated with this degree of imputation in Colombia, were issued
by the highest court of Administrative Colombia in the year 1998 and the
Constitutional Court through the Case C-038 of 2006 court order that established
some of the characteristics that this legal. |
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