Abstract

CELEMIN CAICEDO, Yenny Andrea  and  FUENTES-CONTRERAS, Édgar Hernán. Control and Quality of Legislative Products. Analysis to the Control Mechanisms of the Legislative Products Quality and their Application in Colombia. Bol. Mex. Der. Comp. [online]. 2020, vol.53, n.158, pp.579-618.  Epub Jan 14, 2022. ISSN 2448-4873.  https://doi.org/10.22201/iij.24484873e.2020.158.15630.

The article identifies legislative products problems as one of the main manifestations of the so-called political representation crisis. Based on an analysis of the limited attention on the part of the academic literature regarding this problem, the work makes a review of some of the control mechanisms in the Colombian institutional design for the examination of the quality of legislative products. This work argues that the control mechanisms of legislation are not enough to assess the rationality and quality of the measures used by the legislator in the solution of social problems, neither do they reduce discretion in the possibilities of decision-making by legislators. In three parts, which includes an exploratory methodology regarding the issues of legislative quality and its control mechanisms, and also a set of Colombian statutes and judicial decisions of the Colombian Constitutional Court on the matter, the article provides a critic of the issue and it begins some reflections about alternative mechanisms to support the value of national legislation.

Keywords : representative democracy; legislative product; legislative quality and rationality; horizontal and vertical control of legislative products.

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