Cooperative University Of Colombia

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Cooperative University of Colombia

Introduction

In this essay there will be a brief criticism of the Political Constitution of Colombia, from the historical and constitutions that were before 1991, including its preamble, its rules, principles, values and the purpose as such of this. Emphasizing that it has been marked since its inception due to the attempt to establish a political and constitutional development, beginning with the colonial inheritance and the wars of independence that greatly influenced this process, in particular the ability of said constitutions to giveSolution to the conflicts that have afflicted Colombia since the separation from Spain, among these are: the lack of political participation of citizens, discrimination of peoples, imponencia and religious intolerance, the differences of thought not accepted, among others.

Developing

In the colonial era, the current Colombia was under the belonging and reign of Spain, accepting the real power that they exercised, when this ended with the wars of independence, conflicts were created on what should be the proper way to coordinate the existing regions ofThe republics that arose, the leaders who directed these wars became an obstacle to the progress and establishment of a democratic regime, since in their war to obtain power they generated civil wars and more chaos, the absolute monarchy had not allowed me toThe Creoles acquired politics and the people lacked self-government practices.

So when independence was given, the people in general had no idea how things were handled in power, derived from ignorance, it was distinguished by political and organizational instability, in Colombia there were difficulties in establishing a respectful regime of rightsAnd freedoms of its citizens therefore lived in disagreement, the Roman Apostolic Catholic Church had total exclusivity and was the only one accepted and respected, then there was a strong bond between State and Church, the latter was always present in political decisions, it fitsHighlight that it was antidemocratic and antiliberal, during the years that was linked to the State was against education, the dissemination of information, socialist movements, individualism, freedom of expression, freedom of worship, etc. 

There was also a problem about the preservation of caste families or with relatives closer to the Spaniards, even after independence had been proclaimed and it had been said that all people were free and equal before the law continued to have slaves, indigenous and blacks were still discriminated against, since they had themselves as a lower race and that they did not serve for the progress of the people, highlighting that slavery was abolished in 1852, that is, 42 years after the independence of Colombia.

Culminating the historical background we will divide the periods of Colombian constitutionalism by two:

  • Provincial Constitutions: there were 12 in total, and it was one for each Colombian province, since each Constitution was adjusted to its customs, cultures, ideologies and problems, even each province changed its constitution several times arguing that it was necessary for the order, they governed moreof sixty -one (61) constitutions that is where the instability of the Colombia Constitutions is evidenced.
  • National Constitutions: Colombia has had ten (10) National Constitutions, beginning with the Constitution of Cúcuta and ending with the current one that is the Political Constitution of Colombia 1991, this period just as the previousThey continually reform the constitutions, laws were created and repealed with any ease.

 

After the liberal and conservative political parties were created in the 1848 and 1849 The United States of Colombia 1863 created by Liberals, the form of a federal state was hosted, they reduced the 4 -year presidential period, the Church was separated from the State, freedom of cult was allowed, freedom of expression and opinion was recognized , focused on education, art, literature, the powers of the Executive Power were reduced, the assets of the Church were expropriated, slavery and death penalty were prohibited, the universal, direct and secret vote was established, they recognized themselves Human Rights, for the first time there was a positive and progress change in Colombia, but in 1886 the President of the Republic Rafael Núñez leader of conservative regeneration promoted this Constitution, this was the C More repressive onstitution and the one that systematically violated the human rights of Colombian citizens, last one hundred five years, in this Constitution there was a setback in the advances previously achieved by the Constitution of 1863, Colombia was a rule of law, the Union Church returned -Estado, God as a supreme source of authority, the six -year presidential period was increased, freedoms of worship, divorce, freedom of expression, freedom of printing, freedom of thought were prohibited, the arts were prohibited, the arts, the arts, Literature, education was again in the hands of the Church, the death penalty was restored, the exiles increased to all professionals who were liberals to Ecuador and Venezuela, suffrage only masculine, greater than 22 and that they knew how to read and write, In general, I could continue to name endless reforms and barbarities established in this atrocious Constitution, but the most relevant are.

In the eagerness to solve the country’s problems, violence, civil wars, discussions between political parties, discrimination, intolerance, administrative corruption and other problems that afflicted and bleeding the country was born a student movement called the seventh ballot Which in summary accounts tried to introduce an additional ballot during the elections of the elections of March 11, 1990 for Colombians to vote whether or not they agree to convene a National Constituent Assembly that promulgated a new Political Constitution, obtaining more votes to Please launched the process to write the Political Constitution of 1991, the ANC had sixty members, among students, social leaders, indigenous, Afro-Colombians, members of the M-19, liberals, conservatives, trade unionists and diverse religious communities; Among all, they drafted the Constitutional Charter that has also been called the Constitution of Human Rights, since unlike 1886, it contains all the fundamental rights that have the character of legal norms and cannot be ignored by legislators, this Constitution is Very complete and ensures general and non -particular interests, brought decentralization, a good division of powers, a beautiful preamble, rules, principles and values ​​that fit our Colombia, the Constitution can be reformed but not repealed.

conclusion

Without a doubt, the 1991 Constitution is the Pilar of the Republic of Colombia and brought with it a million expectations about what our dream country would be in the future, also transformations in the assurance of rights and freedoms that were violated for many years, It is an inclusive, pluralistic, democratic constitution, but nevertheless it is true that as the years have seen how all those expectations that the Constitution initially gave us have been met, such as, for example, it was believed that with the creation of the new Constitution Colombia would be at peace, but over the years we have seen how our beautiful country is bleeding, an example of this; Hundreds of innocent civilians die in a state of state and groups outside the law, forced displacements, false positives, political violence, murders of social leaders, Colombia remains a deeply inequitable country, they continue to see “the richest rich and the poor poorer ”, the problem is not the written law but the leaders who often do not enforce it, overlook it or simply want to realize that nothing happens. In spite of all of the above, the 1991 Constitution constitutes a huge advance in Colombia, the bad is not the law is those who do not comply with it.

Bibliography

  • · Abel, Christopher, Politics, Church and Political Parties in Colombia, Bogotá, National University of Colombia, 1987. Spanish Catholic Action, Collection of Encyclicals and Pontifical Letters, Buenos Aires, Editorial Poblet, 2nd, 1946.
  • · Cultural Management of the Bank of the Republic. (2015). Constitutions of Colombia.
  • · Reforms to the Colombian Constitution of 1991.
  • · Reforms to the Constitution of 1886.

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