Workshop 120

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Legislative Omissions in the Face of Exhortative Judgments

Sala F-301 | Room F-301 | Salle F-301

Chairs:

  • Rabah Belaidi rbelaidi@ufg.br
  • Luis Carlos Carvajal Vallejo lccarvajalv@hotmail.com

SPEAKERS

AylinOrdoñez Reyna
MargaritaUseche
Margarita AlejandraAlbornoz Ortiz

Within the framework of constitutional law, the review of lower-ranking norms plays a key role in harmonizing the legal system. However, since the mid-twentieth century, the German scholar Hans Wesel observed that, following constitutional changes, the corresponding normative adjustments did not occur immediately. He identified the inaction of the legislative branch as a primary cause of this delay, resulting in a potential legislative omission.

Based on this normative gap, some legal theorists have questioned whether legislative inaction constitutes a political or a judicial problem. In an effort to address this issue, Constitutional Courts have developed various types of rulings aimed at providing a substantive solution, the most common being exhortative judgments. Nevertheless, in certain cases this type of ruling fails to achieve its intended purpose, raising the question of whether, even in the face of non-compliance with such judgments, it is still possible to affirm the existence of a subsequent legislative omission.ssion juridique.