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Revista General De Derecho Constitucional ; - (38):226-251, 2023.
Article in Spanish | Web of Science | ID: covidwho-2325436

ABSTRACT

In a state of emergency context, the constitutional system grants the President of the Republic of Colombia the power to adopt measures through the issuance of legislative decrees to solve the crisis generated by the emergency (legislative delegation). However, the scope of this power finds its limits in the controls established in the Constitution of Colombia. One of these controls is the political control exercised by the Congress. This involves evaluating the timeliness and appropriateness of the measures adopted by the Government. Nevertheless, the powers granted to the Government do not imply the suspension of the Congress' powers. On the contrary. During a state of emergency, the Congress is required to play an even more active role to avoid abuses of power. The objective of this article is to evaluate the role of the Congress during the first and second declaration of a State of Emergency in Colombia due to the Covid-19 pandemic.

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