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Colombian Constitutional Law - Leading Cases by Cepeda Espinosa, Manuel José; Landau, David (20th April 2017)

Part Three The Separation of Powers, 10 The Congress: Problems of Abdication and Deliberation

From: Colombian Constitutional Law: Leading Cases

Manuel José Cepeda Espinosa, David Landau

Just as the Colombian president has historically been very strong, the Colombian Congress has historically played a relatively minor role in the conduct of national policy. The 1991 Constituent Assembly sought to rationalize congressional behavior and give it a more substantial role. However, problems of legislative corruption and dysfunctionality have persisted. This chapter reviews the Court’s attempts to police the scope of congressional inviolability, limit congressional delegation to the executive, and incentivize and ensure adequate legislative deliberation in the lawmaking process. This jurisprudence has sought to alter legislative behavior and ensure that laws are a product of adequate social deliberation, thus improving the role of the Colombian Congress in public life.

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