The Constitutional Control Over Legislative Omissions in the Context of Social State of Law

Abstract

This article presents a critical analysis on the issue of judicial review of legislative omissions in Colombia, taking into account the pillars of the national Constitution: the principles of rule of law, the principle of participatory democracy and the notion of separation of powers. It is understood that the existence of legislative omission in a legal system not only affects the principles governing the system, but also puts at risk the supremacy and efficacy of the Constitution. These reasons make it necessary to analyze the possible mechanisms of control using the basic concepts that the doctrine offers about inactivity of the legislator.