“Responsabilidad del Estado, generada por la omisión de la función del legislador”

Abstract

The evolution of the non-contractual liability of the State in general, until the generated by the omission of the legislator is the subject addressed in the present work, which is addressed on the basis of a description often critical of the transit of the legal system of Colombia, from the influence of French law, t h r o u g h t h e i r r e s p o n s i b i l i t y t h a t characterized the rule of Law, until the enthronement of the general clause of liability of article 90 of the constitution of 1991. Is achieved in this way move to the stadium of the State's responsibility by omission of the legislator, as the channel damage anti-legal and with regard to both the consequences of the omission of the l e g i s l a t o r , o f t h e a c t d e c l a r e d unconstitutional, as well as the law validates that causes damage. The exercise included a special consultation of bibliographic and documentary, in addition to factors methodological to apply methods and techniques inductive, deductive, historical, systematic, and holistic to enable the success of the exercise. The great conclusion from the exercise is summarized in that while the evolution of the state accountability system suffers from the abandonment of the legislator, the jurisprudence has made great efforts in the construction of rules that at present time have helped to implement strict liability, but with a lesser degree in regard to the responsibility for omission of the legislator