Abstract

PEREDO ROJAS, Marcela Inés  and  FUENTES-CONTRERAS, Édgar Hernán. Test of the proportionate legislative deference. Between the function and the content of legislation within the current constitutional frameworks. Cuest. Const. [online]. 2022, n.47, pp.273-316.  Epub May 12, 2023. ISSN 1405-9193.  https://doi.org/10.22201/iij.24484881e.2022.47.17530.

This text analyzes the resurgence of legislation and the controversy that involves the limits of the legislator as guarantor of the constitutionality of the law. To this end, the legislative margin is studied in current constitutional contexts, starting from the historical notion of the law and the need to recognize that said creation must be subject to the object of its regulation, beyond simple subjectivity. In this sense, having used an exploratory methodology, it proposes and develops the test of the legislative margin provided, having special reference to the regulations in force in Chile and Colombia. Thus, during four sections apart from the introduction and conclusions, it builds a proposal for the reasoned dialogue of judicial control and legislative work.

Keywords : Quality of Law; Constitutional Control; Law; Legislative Deference; Proportionality.

        · abstract in Spanish     · text in Spanish     · Spanish ( pdf )