How many laws we have in our country? Who can say even knowing half? What implications does this proliferation of standards with respect to democracy, institutions, human rights or development? Key questions are! Nobody knows how many laws exist in our republic. Much less know how many legal rules have no effect in Colombia. Moreover, the vast majority of citizens, including lawyers, do not know even how many species there are legal rules in our pyramid rules! Perhaps for that reason, all legal systems are based on the "big lie", contained in the principle of "the rule is said to be known." "Ignorance of the law is no excuse," says our Civil Code, following the ancient Roman tradition. It could not be otherwise, since accepting the opposite would ruin the rule of law itself. And we must add the previous justification of the immense amount of existing rules. Quantity bordering on abuse and the disrespect! Because there are so many rules, assume absolutely necessary, unable to prove otherwise, that we know them all! (Presumption of law).
This is known in the modern world as the "legislative inflation." (The most significant say "legislative diarrhea.") Precisely, it is called inflation because it produces the same consequences as monetary: devalued. The more number of "circulating standards" have them less valuable, less appreciated are cheaper. It also seems this phenomenon of excess vehicles on our streets: exasperating traffic jams cause, make us swear, irritable, try bypassing the sardinel. But, more desperate the long line does not flow. The same happens with the excess of rules: the institutional bar raises transaction costs, efficiency is impossible, collaborates with corruption ("The laws excess corrupts the Republic", said Tacitus), slows development and forfeits credibility in the democratic system. "Solutions? The President of Guatemala's Congress came up with a sui generis: he proposed a commission of jurists to review all significant laws of that country, in order to make a choice for Congress to repeal the ill-timed, according to the commission, or those conflict with other laws. Rather, other law regular legislative excess! It would be too right? But definitely the issue must be addressed sooner or later by our state. We have no doubt the similarity of this solution with that of the economy, increasing bank reserves, for example, to reduce the money supply.
For the case discussed the need to reduce the number of standards and prevent future proliferation of them, starting with the Constitution. But we can not stop there. It is necessary, above all, strengthen and modernize our administration of justice, giving it new powers and efficient mechanisms for the interpretation, integration and application of law. It also necessary to be resourceful in adopting new procedures for resolving conflicts and, finally, it must implement the legal education of our children.
Tags: legislative inflation