Colombian Constitution of 1991
Encyclopedia
The Political Constitution of Colombia, better known as the Constitution of 1991, is the current governing document of the Republic of Colombia. Promulgated
on July 4 of 1991 , it replaced the Constitution of 1886
. It has lately been called the Constitution of Rights.
, Colombia instituted one of the oldest constitutions in Latin America, dating back to 1886. Nevertheless, after a century in force, the Constitution of 1886 was in need of modifications in order to adapt it to the country’s changing social, economic and political conditions.
In 1988, a reform intended to increase citizens' participation in politics and combat administrative corruption, failed. Therefore, a student and political movement called "Todavía podemos salvar a Colombia" ("We can still save Colombia") proposed the formation of a constituent assembly
for the 1990 elections and promoted what was called the Seventh Paper Ballot (séptima papeleta) for this election. The Electoral Counsel did not accept the official inclusion of that vote, which was additional to the votes for Senate
, Chamber of Representatives
, Department Assemblies, Governors, Municipal Councils and Mayors, but was non-officially counted. Nevertheless, the Supreme Court acknowledged the popular will and validated the Seventh Paper Ballot.
In December 1990, elections were held for members of a National Constituent Assembly
, which would promulgate the new constitution in 1991. The presidents of the National Constituent Assembly were: Alvaro Gómez Hurtado
on behalf of the Conservative Party
, Horacio Serpa
from the Liberal Party
and Antonio Navarro
from the M-19
movement.
Promulgation
Promulgation is the act of formally proclaiming or declaring a new statutory or administrative law after its enactment. In some jurisdictions this additional step is necessary before the law can take effect....
on July 4 of 1991 , it replaced the Constitution of 1886
Colombian Constitution of 1886
The Colombian Constitution of 1886 was the constitution that created the Republic of Colombia. Before 1886, the country was called United States of Colombia. The coalition of moderate Liberals and Conservatives that ended the liberal hegemony and placed Rafael Nuñez in power repealed the...
. It has lately been called the Constitution of Rights.
History
After an agitated constitutional period in the 19th centuryHistory of Colombia
This article deals with the history of Colombia, a country in South America.-Pre-Colombian period:Approximately 10,000 years BC hunter-gatherer societies existed near present-day Bogotá , and they traded with one another and with cultures living in the Magdalena River valley...
, Colombia instituted one of the oldest constitutions in Latin America, dating back to 1886. Nevertheless, after a century in force, the Constitution of 1886 was in need of modifications in order to adapt it to the country’s changing social, economic and political conditions.
In 1988, a reform intended to increase citizens' participation in politics and combat administrative corruption, failed. Therefore, a student and political movement called "Todavía podemos salvar a Colombia" ("We can still save Colombia") proposed the formation of a constituent assembly
Constituent assembly
A constituent assembly is a body composed for the purpose of drafting or adopting a constitution...
for the 1990 elections and promoted what was called the Seventh Paper Ballot (séptima papeleta) for this election. The Electoral Counsel did not accept the official inclusion of that vote, which was additional to the votes for Senate
Senate of Colombia
The Senate of the Republic of Colombia is the upper house of the Congress of Colombia, with the lower house being the Chamber of Representatives of Colombia...
, Chamber of Representatives
Chamber of Representatives of Colombia
The Chamber of Representatives is the lower house of the Congress of Colombia.The Chamber has 166 elected members for four-year terms.-How the Chamber is elected:...
, Department Assemblies, Governors, Municipal Councils and Mayors, but was non-officially counted. Nevertheless, the Supreme Court acknowledged the popular will and validated the Seventh Paper Ballot.
In December 1990, elections were held for members of a National Constituent Assembly
Constituent Assembly of Colombia
The Constituent Assembly of Colombia was formed on February 5, 1991, to draft Colombia's 1991 constitution. It was dissolved in June 1991, after the new document was adopted nationwide.-Background:...
, which would promulgate the new constitution in 1991. The presidents of the National Constituent Assembly were: Alvaro Gómez Hurtado
Álvaro Gómez Hurtado
Álvaro Gómez Hurtado was a Colombian lawyer, politician, journalist and active member of the Colombian Conservative Party. Gómez was a son of the former President of Colombia, Laureano Gómez...
on behalf of the Conservative Party
Colombian Conservative Party
The Colombian Conservative Party , is a conservative political party in Colombia. The party was unofficially founded by a group of Revolutionary Commoners during the Revolutionary War for Independence from the Spanish Monarchy and later formally established during the Greater Colombia...
, Horacio Serpa
Horacio Serpa
Horacio Serpa Uribe is a Colombian politician and lawyer. Horacio Serpa has run as the Colombian Liberal Party candidate for President of Colombia on three occasions; in 1998, 2002, and 2006...
from the Liberal Party
Colombian Liberal Party
The Colombian Liberal Party is a center-left party in Colombia that adheres to social democracy and social liberalism.The Party was founded in 1848 and, together with the Colombian Conservative Party, subsequently became one of the two main political forces in the country for over a century.After...
and Antonio Navarro
Antonio Navarro
Antonio Navarro can refer to:* Antonio Navarro Wolff, a Colombian politician* Antonio Navarro , a Mexican Olympic fencer...
from the M-19
19th of April Movement
The 19th of April Movement or M-19, was a Colombian guerrilla movement. After its demobilization it became a political party, the M-19 Democratic Alliance , or AD/M-19.The M-19 traced its origins to the allegedly fraudulent presidential elections of 19 April 1970...
movement.
Main points of change
- Colombia took the shape of a decentralisedDecentralization__FORCETOC__Decentralization or decentralisation is the process of dispersing decision-making governance closer to the people and/or citizens. It includes the dispersal of administration or governance in sectors or areas like engineering, management science, political science, political economy,...
unified stateSovereign stateA sovereign state, or simply, state, is a state with a defined territory on which it exercises internal and external sovereignty, a permanent population, a government, and the capacity to enter into relations with other sovereign states. It is also normally understood to be a state which is neither...
with a certain autonomy for its territorial entities and a presidential systemPresidential systemA presidential system is a system of government where an executive branch exists and presides separately from the legislature, to which it is not responsible and which cannot, in normal circumstances, dismiss it....
. The four-year presidential term was retained. - An accusatory judicial system was established through the Attorney General of ColombiaAttorney General of ColombiaThe Office of the Attorney General of Colombia is the Colombian institution part of the Colombian judicial branch of Government with administrative autonomy designed to prosecute offenders, investigate crimes, review judicial processes and accuse penal law infractions against judges and courts of...
(Fiscalía General de la Nación). - The power of judicial reviewJudicial reviewJudicial review is the doctrine under which legislative and executive actions are subject to review by the judiciary. Specific courts with judicial review power must annul the acts of the state when it finds them incompatible with a higher authority...
was transferred from the Supreme Court of Justice, which had exercised it since 1910, to an independent Constitutional CourtConstitutional Court of ColombiaThe Constitutional Court of Colombia is the highest entity in the judicial branch of government in the Republic of Colombia in charge of safeguarding the integrity and supremacy of the Colombian Constitution of 1991 within the Constitutional laws.However it is not the highest court of criminal...
. This new body hears challenges to the constitutionality of laws, legislative decrees, laws approving international treaties, referendum or assembly constituency summons and hears appeals of lower judicial decisions related to the tutelage action of constitutional rights. - The tutelage actionAmparo (law)The writ of amparo is a remedy for the protection of constitutional rights, found in certain jurisdictions...
was instituted as a quick and effective mechanism that allows citizens to assert their fundamental rights as stated in Article 8 of the Universal Declaration of Human RightsUniversal Declaration of Human RightsThe Universal Declaration of Human Rights is a declaration adopted by the United Nations General Assembly . The Declaration arose directly from the experience of the Second World War and represents the first global expression of rights to which all human beings are inherently entitled...
of 1948. - The extraditionExtraditionExtradition is the official process whereby one nation or state surrenders a suspected or convicted criminal to another nation or state. Between nation states, extradition is regulated by treaties...
of Colombian citizens was banned. This article was repealed in 1996. - Presidential re-election was banned completely. An immediate re-election was already forbidden in the Constitution of 1886. However, this rule was repealed in 2004 using procedures declared valid by the Constitutional Court on October 19, 2005.
See also
- ConstitutionConstitutionA constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...
- Constitutional lawConstitutional lawConstitutional law is the body of law which defines the relationship of different entities within a state, namely, the executive, the legislature and the judiciary....
- Constitutional economicsConstitutional economicsConstitutional economics is a research program in economics and constitutionalism that has been described as extending beyond the definition of 'the economic analysis of constitutional law' in explaining the choice "of alternative sets of legal-institutional-constitutional rules that constrain the...
- ConstitutionalismConstitutionalismConstitutionalism has a variety of meanings. Most generally, it is "a complex of ideas, attitudes, and patterns of behavior elaborating the principle that the authority of government derives from and is limited by a body of fundamental law"....