WHY IS COLOMBIA A SOCIAL STATE OF LAW? - CULTURE VOCABULARY - 2025

Colombia is a social state of law because the Colombians decided so and because the objective of their institutions is the collective welfare. The social protection system in Colombia is the result of the conjugation of several components established in the last two decades. The two main components at the beginning were social security and social assistance.

The integrated social security system has its beginnings in Law 100 of 1993, which made structural reforms to the insurance component of the system with respect to health and pensions.

Article 1 of the Political Constitution of Colombia states that: “Colombia is a social state of law, organized in the form of a unitary, decentralized Republic, with autonomy of its territorial entities, democratic, participatory and pluralistic, founded on respect for the dignity human, in the work and the solidarity of the people who integrate it and in the prevalence of the general interest. "

In addition, said article is in the chapter on fundamental principles, placing said statute as the basis of the Republic of Colombia. In short, a social state of law has certain characteristics, or fundamental roles that give it this statute.

This term or political philosophy introduced by the economist Lorenz von Stein meets certain patterns that make the Social State of Law a reality.

Why is Colombia a social state of law? Constitutional principles

1- Popular sovereignty

One of the fundamental principles of the social rule of law maintains that sovereignty resides in the people. In addition, it presents it as a universal and non-transferable right of citizen and democratic expression.

The social rule of law promotes a state that is not absolutist and that respects the individual rights of its citizens, as well as a representative democracy, and respect for minorities. In this type of State, the right of expression is guaranteed to all, through unions, associations, unions and political parties, among others.

In article 103, of chapter 1, of title IV: “On democratic participation and political parties” of the Colombian Constitution, it reads:

2- Political and democratic plurality

Under this premise promulgated in said Constitution, the Colombian State guarantees political and democratic plurality as a principle of the social rule of law.

In other words, there is no absolutist regime and the State promotes the full concept of defense of democracy and citizen expression.

3- Free market

The role of the State in the social rule of law is conceived by the idea that it is a more non-interventionist regulatory entity that ensures that the laws of the market are executed without any inconvenience. In this philosophy, the state does not intervene in the economy as an industrialist or as a businessman, contrary to the Marxist philosophy.

This vision of the State is determined by the French phrase “laissez faire, laissez passer” expressed by Vincent de Gournay and whose translation would be: “let it do, let it pass”. This term was one of the most popular expressions of the French Revolution, mother of liberalism.

In the Constitution of the Republic of Colombia, in article 333, of chapter 1 of title XII: "Of the economic regime and public finances" the following is expressed:

The Republic of Colombia is determined by the free market, with a State that will not intervene in economic activity unless it is required to do so by virtue of the law, cartelization or monopolies, facts that affect the sacred course of the free market and free competition..

4- Separation of Powers

"Liberty, equality and legality" were the expressed principles, or one of the greatest slogans of the French Revolution. The illustrious Montesquieu stated that the State should be divided into three powers: legislative, executive and judicial, in order to avoid an abuse of power, the three should control each other.

This fundamental principle in the social state of law guarantees that the regime does not lead to absolutist monarchism or tyranny. For Montesquieu, power could only be stopped through another power, and that these should be autonomous and not be governed by any other power of the State.

Colombia, as a Social State of Law, establishes the following in its constitution through Article 113, Chapter 1 of Title IV: “On the structure of the State”:

The executive, headed by the President of the Republic, the judicial headed by the President of the Supreme Court of Justice, and the legislative, headed by the President of Congress. All three are part of that indissoluble institutional counterweight that guarantees compliance with the Constitution and its laws.

From the executive power, the President and his cabinet have the authority to exercise the laws approved in plenary session by Congress, and that do not violate the Constitution.

The judicial power in its autonomy is in charge of taking the cases of corruption and violation of the constitution from the power without any political tinge guaranteeing the effectiveness of this power.

References

1. Brebner, John Bartlet (1948). "Laissez Faire and State Intervention in Nineteenth-Century Britain". Journal of Economic History 8: 59-73.
2. Rios Prieto, Juan (2015). Welfare State And Social Policy In Colombia: Why Is Colombia A Laggard In Social Protection ?.
3. Richard Bellamy: "The Transformation of Liberalism" in "Rethinking Liberalism" (Pinter 2000).
4. Extracted from encolombia.com.
5. Political Constitution of Colombia (1992). Constitutional Court Superior Council of the Judiciary Administrative Chamber - Cendoj.