Abstract
In times of global crisis caused by terrorism, migration, climate change, and the pandemic caused by Covid-19, it is necessary to reflect on the norms and measures adopted by the different States to face the crisis, which, on repeated occasions, have jeopardized the fundamental pillars of democracy. In this sense, the purpose of this article is to carry out a comparative analysis of the Law of Exceptionality in Colombia and Mexico, highlighting not only the differences existing in both legal models about regulation, the system of controls and the suspension of rights according to the constitutional order in force but also highlighting how the Executive Branch avoids the use of these mechanisms by using the statutory law of Exceptionality to circumvent the system of limits, controls, and guarantees established in the Law of exception, as has occurred during the pandemic, where both countries restricted citizens’ rights and freedoms using ordinary norms, which shows an excessive abuse of the ordinary Law of exceptionality by the governments of these countries, with the consequent breach of the democratic order and the social rule of law.
Key words:
state of exception, state of alarm; suspension of guarantees; Spain; Colombia