The Liability of the State as a Legislator and Section 106 of the Constitution.

Abstract

The enactment of an statute does not exclude the responsibility for the damages caused to the citizen. This doctrine is relatively recent, since the first sentences referred to an assumption of legislative or normative expropriation, going back to the sixties of the last century. On the occasion of Supreme Court jurisprudence, has even recognized the possibility of compensating for the approval of a law that affects legitimate rights and interests, recognizing also the appropriateness of demanding liability in the case of regulations declared unconstitutional. This doctrine implies the need to revise and refine the interpretation of article 106.2 of the Constitution, in relation to an specific kind of responsibility that in the article is qualified as normative, insofar as it supposes a category that can explain diverse figures until now object of separated analysis, especially in the matter of takings and regulations.