Abstract

ARANGO-RESTREPO, ANA CATALINA. Are states of emergency the problem? The exercise of the legislative function from the express delegation of the Congress: The Colombian case. Rev. Derecho Estado [online]. 2020, n.46, pp.189-222. ISSN 0122-9893.  https://doi.org/10.18601/01229893.n46.08.

One of the reasons that justifies the rejection of states of emergency is the danger that supposes for a democracy that the executive assumes the exercise of the legislative function. However, a careful study of the decrees issued by the President between 1974 and 2014 shows that the executive has exercised the legislative function in a greater proportion based on the delegation that the Congress itself has made of it. Thus, contrary to what has been stated, it is not a congress that observes how the executive assumes its functions but a congress that actively participates in the transfer of them. This work aims to warn about the need to include in the discussion other figures that may be even more invasive of the functions of parliament than the states of emergency and to rethink the measures that the constitutional reforms have adopted to moderate the concentration of powers in the executive.

Keywords : Presidentialism; unilateral action; extraordinary powers; states of emergency.

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