The present work addresses both the content and the restrictions to which the municipal ordinances are subject, in the light of judicial and administrative jurisprudence. To this end, the author develops the essential aspects that distinguish municipal ordinances from other regulatory bodies, their production procedures, the role of municipal ordinances in the system of sources of administrative law and the limits that these regulations must observe under of our legal system. Once described the legal framework that regulates municipal ordinances, the author analyzes the mechanisms of legal control or legality on municipal ordinances, identifying two types of controls: one preventive and one repressive, warning the deficiencies that are present in the preventive control. As a corollary to the foregoing, the author concludes with a proposal to improve and strengthen the preventive review of legality of municipal ordinances with the purpose of avoiding -or at least mitigating- the potential harmful effect that these normative instruments may cause in the fundamental rights of people.
Keywords:
Municipalities, municipal ordinances, limits, control, legality
Román Cordero, C. (2019). Justice and legal security in a world of runaway municipal ordinances. Revista De Derecho Público, (90), 135–148. https://doi.org/10.5354/0719-5249.2019.53998
