Publicación: Responsabilidad del Estado legislador, análisis jurisprudencial
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The article 90 of the political constitution of Colombia provides that the State is responsable for any damage caused by action or omission of any public authority, which allows citizens to institute proceedings against the State, using the means of control laid down in Law 1437 of 2001, when the State is responble for the damage suffered by a person who is not in a position to resist, when talking about public authority the article does not specify that authorities can generate anti-jurisdictional damage by their actions or omissions, therefore we can understand that being the legislative power a public authoritycan also by isacting a law that is applied within Colombian legal order that may cause anti-jurisitic damage to a citizen, which the state is responsible for repairing. Where reference is made to damage caused by legislative action, reference is necessarily made to relative omission, that is to say that a law was issued which, in its content of application, gives effect to the rights of a person, thereby causing damage, because if we speak of absolute omsion there would be no text to analyze for which neither could be declared responsibility of the State. Some countries, such as France, have judicially returned this figure of State responsibility for the act of the legislator, taking into account the Flaurette judgments of 1938 and Boveri judgments of 1963 delivered by the French court in Colombia, the Constitutional Court and the Council of State an unlawful harm to a citizen, which the State is responsible for making good. Where reference is made to damage caused by legislative action, reference is necessarily made to relative omission, that is to say that a law was issued which, in its content of application, gives effect to the rights of a person, thereby causing damage, because if we speak of absolute omsion there would be no text to analyze for which neither could be declared responsibility of the State. Some countries, such as France, have judicially returned this figure of State responsibility for the act of the legislator, taking into account the Flaurette judgments of 1938 and Boveri judgments of 1963 delivered by the French court in Colombia, the Constitutional Court and the State Council are the jurisdictional bodies that have been responsible for developing this figure through their various rulings.