The Constitutional Review of Legislative Omissions: Perspectives on the Problem

Abstract

This work addresses unconstitutionality by omission as a phenomenon of contemporary constitutionalism, seeking a solution both theoretically and in practical terms. It aims to answer a series of questions, including whether this transgression can be challenged before a constitutional court, and whether such review is possible without violating other constitutional principles such as the separation of powers or the strict exercise of constitutional competencies. The topic is clearly complex, and therefore this work is limited to outlining some considerations that lay the groundwork for discussion. It analyzes both the foundations of opposing arguments and the various solutions put forward in legal doctrine and practice, all while attempting to adapt them to our current legal and constitutional reality.