Así nació la Constitución Política de 1991| Cátedra del magistrado Jorge Enrique Ibáñez

Introduction

This tutorial explores the origins and significance of the 1991 Political Constitution of Colombia, as explained by Jorge Enrique Ibáñez, a magistrate of the Constitutional Court. Understanding the historical context and the role of the National Constituent Assembly will provide valuable insights into contemporary constitutional law in Colombia.

Step 1: Understand the Historical Context

To grasp the Constitution's foundations, consider the following:

• Pre-1991 Situation: Colombia experienced political turmoil and violence, leading to a need for legal and social reforms.
• Constitutional Crisis: A series of events, including the assassination of leaders and political instability, highlighted the inadequacies of the 1886 Constitution.

Practical Advice

• Research key events leading up to 1991, including the violence from the 1948 Bogotazo and the M19 movement.
• Recognize how these events shaped public demand for a new constitution.

Step 2: Explore the Role of the National Constituent Assembly

The National Constituent Assembly (Asamblea Nacional Constituyente) was pivotal in drafting the new constitution. Key points include:

• Formation: The assembly was formed in 1990 as a response to public demand for change.
• Composition: It included diverse representatives from various political backgrounds, ensuring broad representation.

Practical Advice

• Familiarize yourself with the key figures involved in the assembly and their contributions.
• Understand the assembly's debates and discussions that led to the final draft of the constitution.

Step 3: Analyze the Key Contributions of the 1991 Constitution

The 1991 Constitution introduced several groundbreaking elements:

• Human Rights: Emphasized the protection of fundamental rights and freedoms.
• Decentralization: Promoted local governance, allowing for greater autonomy and participation in decision-making.
• Social Justice: Aimed to address inequalities and promote social welfare.

Practical Advice

• Review the specific articles that outline these contributions to understand their implications.
• Consider how these changes have influenced Colombian society and governance.

Step 4: Recognize the Role of the Constitutional Court

The Constitutional Court plays a crucial role in interpreting and upholding the constitution:

• Judicial Review: Ensures laws align with constitutional principles.
• Protection of Rights: Safeguards individual rights against government overreach.

Practical Advice

• Study landmark cases decided by the Constitutional Court that illustrate its impact on constitutional law.
• Explore how the court's decisions have evolved since 1991.

Conclusion

The 1991 Political Constitution of Colombia represents a significant turning point in the country's legal and political landscape. By understanding its historical context, the role of the National Constituent Assembly, and the contributions of the Constitutional Court, you gain deeper insight into the foundations of modern Colombian constitutional law.

Next Steps

• Continue researching specific articles and their implications.
• Follow contemporary discussions on constitutional reforms and the ongoing role of the Constitutional Court in Colombia.