HOW IS THE POLITICAL CONSTITUTION OF COLOMBIA ORGANIZED? - CULTURE VOCABULARY - 2025

The Political Constitution of Colombia is organized in a preamble and 13 titles. These are made up of 380 constitutional articles and 67 transitory ones. The Political Constitution of Colombia (CPC) describes the three branches of power on which the Colombian government is structured.

In this way, each branch deals with a title of the constitution and includes a series of articles that are in charge of governing the Republic of Colombia. The three branches of power are called executive, legislative, and judicial (Colombia, 1991).

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In Colombia, the CPC is the source and origin of all laws and is in charge of fully controlling them. There have been relatively few constitutions since this country became an independent nation in 1830. The first versions of the constitution were promulgated in 1832, 1852, and 1858 and recognized a degree of local autonomy.

It was after the civil war of 1885 that the state established a defined form of government and the constitution had to go through a series of amendments in 1910, 1936 and 1968. Finally, in 1991, a new constitutional charter was promulgated and structured with the division that is known today (Alzate, 2011).

The 1991 Constitution has been periodically adjusted. The current version of this document dates from 2005 and is the one currently in force (University, 2017).

You may also be interested in seeing what the colors of the Colombian flag mean. Another national symbol of this Latin American country.

Division of the Political Constitution of Colombia

The 1991 CPC is divided into 13 consecutive titles and is subdivided into chapters and articles. Its main objective is to ensure the political organization of the country and to give formal knowledge of the rights and duties of individuals in Colombia.

Within this document, full recognition is given to international statutes such as Human Rights, the recognition of the nation as sovereign, the division of powers and the existence of a representative system. On the other hand, the CPC also has temporary provisions.

Colombia has a structure of laws based on a civil jurisdiction. This means that the constitution represents the supreme group of norms by which the nation is governed.

Under this scheme, Congress is in charge of passing laws within its hierarchical structure so that they are approved. Most laws are ordinary and based on the common principles of the world (University R., 1991).

Dogmatic Section

It is the first section of the CPC, and contains the preamble, some philosophical statements, and definitions of important terms to keep in mind throughout the writing. It contains the first titles of the CPC (I and II), where the fundamental purpose of the constitution is described, as well as the rights, duties and guarantees of all Colombian citizens.

The first 95 articles of the document are included within the first two titles of the CPC.

Organic Section

This section includes the following titles (from III to XII) and articles up to 227. Within these titles the issues of nationality, democratic participation, political parties, the structure and organization of the state are discussed and all the concepts related to the branches of political power in Colombia.

The organic section contains most of the constitutional development and the most representative laws of the Colombian people.

Reform

Title XIII is the last content within the CPC and refers to the constitutionally endorsed mechanisms and instances to carry out any reform to the CPC. Within this title, two types of reform are contemplated: flexible and rigid.

A flexible reform is easily enforceable by the legislative power of the Republic, that is to say, the congressmen can carry it out. A rigid reform, on the other hand, requires the application of legitimate mechanisms for which it is necessary to execute a particular procedure.

Norms and Neutrals

In this section of the CPC there are no titles properly, however, other articles named as follows can be found:

• Ordinances: They are proclamations of each Departmental Assembly.
• Constitutionality block: Endorses international treaties, such as bordering and Human Rights.

Branches of Power

Executive power

The executive branch dominates the branches of government related to the president, vice president, ministers, and directors of administrative agencies. According to the 1991 constitution, the president must be elected by the majority of Colombian citizens (more than 50%) through suffrage.

According to the structure of the CPC, the president is the head of government and head of state, and he is in charge of the administration of the country and of protecting the interests of the nation. It is endorsed by the structure of the CPC to declare states of emergency and to call extraordinary meetings of the Congress of the Republic.

Legislative power

According to the CPC, the legislative branch is controlled by Congress. It is made up of the Senate and the House of Representatives. Senators and representatives are elected by popular vote and must hold office for four years. These individuals must hold legislative sessions on an annual basis during Colombia's independence day.

The legislative process through which the CPC is restructured comprises seven steps: initiative, debate, vote, approval, sanction, enactment and publication.

There are certain limitations on how this process can begin, however, the legislative branch is in charge of endorsing any change that is carried out in the structure of the CPC (CASTILLO, 2012)

Power of attorney

The Colombian Supreme Court of Justice is the entity that is at the head of the country's judicial power. This body decides whether or not to appeal the errors that may be found in a law, based on its foundation, purpose and functions.

According to the CPC, there are three chambers that are in charge of filtering issues related to the approval of laws: Civil, Criminal and Labor.

In the same way, it is the one that is in charge of reinforcing the application of the constitutional articles in all the individuals of the republic, including those who represent it (Ramírez, 2007).

References

1. Alzate, JC (July 3, 2011). The viewer. Obtained from The arduous path of the 1991 Constituent Assembly: elespectador.com.
2. CASTILLO, CA (2012). Pontifical Javeriana University. Obtained from THE GESTATION OF THE CONSTITUTION OF 1991. ROLE OF POPULAR SOVEREIGNTY AND DEBATES AROUND IT: epository.javeriana.edu.co.
3. Colombia, R. d. (1991). POLITICAL CONSTITUTION OF COLOMBIA 1991. Bogotá.
4. Ramírez, A. (May 2007). Globa Lex. Obtained from An Introduction to Colombian Governmental Institutions and Primary Legal Sources: nyulawglobal.org.
5. University, O. (March 28, 2017). Constitute. Retrieved from Colombia's Constitution of 1991 With Amendments through 2005: constituteproject.org.
6. University, R. (1991). Obtained from Text Of Constitution of Colombia: confinder.richmond.edu.