Catastrophe, new Constitution and legislative oversight: In search of a balance

Abstract

The purpose of this presentation is to reflect upon the following question: which should be the role of the Congress in the context of health-based constitutional emergencies, when facing a new constitution? For this purpose, we will review some of the factual assumptions and theoretical approaches which collide in this particular moment of constitutional design, as well as the challenges that come with achieving an equilibrium of the forces and faculties between the executive and the legislative, using the regulation of the state of catastrophe in the rejected proposal for the new Constitution of the year 2022 as an immediate input.