This article proposes to observe the difficulties that revolve around the liability of the State for act of the legislator and how, through the temporary modulating effects of the Constitutional Court’s rulings (Ex tunc and Ex nunc), a situation has been reached where the application of the provisions of general liability clause is at risk. Indeed, it will not be possible to speak of the liability of the State if the binomial of unconstitutionalityretroactive modulatory effects does not exist, thus creating a requirement that the Constitution does not demand.
Keywords:
State responsibility, modulatory effects, legislative State, Council of State, unforceability.
Ulrich Astaiza, W. (2018). The Legislative State responsibility and its subordination to the temporal effects of the judgments of the Constitutional Court. Revista De Derecho Público, (88), 111–131. https://doi.org/10.5354/0719-5249.2018.50438
