Abstract

QUINCHE RAMIREZ, MANUEL FERNANDO. Creation and Expansive Use of the Presidential Decrees during the Last 30 Years since the Validity of the Constitution of 1991. Estud. Socio-Juríd [online]. 2022, vol.24, n.2, pp.1-.  Epub Jan 27, 2023. ISSN 0124-0579.  https://doi.org/10.12804/revistas.urosario.edu.co/sociojuridicos/a.11720.

This article is one of the results from the research project titled "Transformation and trivialisation of the rights of Colombia". It has as a central theme the presidential de crees, and reviews its deployment as a problematic during the 30 years of validity of The Political Constitution of Colombia. It observes in detail three points: The formal one, connected with the variety, the classification and creation of decrees; the op erative one, which addresses the expansive use of those presidential orders; and the control one, which refers to the mechanisms that would prevent the abuses presented by these norms. The these says that the progressive creation of new decrees and the expansive use of those which already exist, raises de concentration of public power in the executive branch, restricts de parliamentary debate, dilutes the conditions provided for by law, weakens the control and erodes the constitutional democracy in Colombia. It is a documentary and analytic research, that evaluates the creation and the expansive use of the presidential decrees during the 30 years of validity of the 1991 Constitution.

Keywords : Presidential decrees; conditions provided for by law; regulatory capture; hyper-presidentialism; constitutional avoidance; constitutional democracy.

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