Responsabilidad del Estado por el hecho del legislador en Colombia

Abstract

This study aims to analyze, to clarify and to understand the concept that takes legislation, jurisprudence and the Colombian doctrine about the responsibility of the State because of the legislator. We analyze the evolution of the subject in Colombia, the background that are and studies currently carried out by the doctrines and experts on this subject in particular. We analyse each precursor solution, its response and favourability of this. To achieve these goals we use a theoretical methodology, we headed to study every sentence and analyze every consideration of the Council of State and the entities involved in each case to interpret the concept taking Colombian legislation where pointed out that the responsibility of the State because of the legislator, is taken as a State liability with the possibility of exercising a direct repair action to compensate the damage caused by the gaps and open doors that leaves the legislator for unambiguous interpretation of the law.