Everything about Colombian Constitution Of 1991 totally explained
The
Political Constitution of Colombia, promulgated in 1991 and better known as the
Constitution of 1991, is the current governing document of the
Republic of Colombia.
Promulgated in 1991, it replaced the
Constitution of 1886. It has lately been called the Constitution of Rights.
History
After an agitated constitutional period in the
19th century, Colombia instituted one of the oldest constitutions in Latin America, dating back to 1886. Nevertheless, the Constitution of 1886 had had several modifications in order to adapt it to the country’s changing social, economic, and political circumstances.
In 1988, a reform intended to increase citizens' participation in politics and combat administrative corruption—among other things—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 the legislative election of 1990. The Electoral Counsel didn't 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.
Main points of change in 1991 Constitution
An accusatory judicial system was established through the Attorney General of Colombia (Fiscalía General de the Nación).
The power of judicial review was transferred from the Supreme Court of Justice, which had exercised it since 1910, to an independent Constitutional Court. 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 action 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 Rights of 1948.
The extradition of Colombian citizens was banned. This article was repealed in 1996.
Presidential reelection was banned completely. An immediate reelection 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.Further Information
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