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Colombia's Constitution of 1991 with Amendments Through 2015

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PDF generated: 16 Sep 2021, 17:03 constituteproject.org Colombia's Constitution of 1991 with Amendments through 2015 Subsequently amended © Oxford University Press, Inc. Translated by Max Planck Institute, with updates by the Comparative Constitutions Project Prepared for distribution on constituteproject.org with content generously provided by Oxford University Press. This document has been recompiled and reformatted using texts collected in Oxford’s Constitutions of the World and the repository of the Comparative Constitutions Project. constituteproject.org PDF generated: 16 Sep 2021, 17:03 Table of contents Preamble . 4 TITLE I: On Fundamental Principles . 4 TITLE II: On Rights, Guarantees, and Duties . 5 Chapter I: On Fundamental Rights . 5 Chapter II: On Social, Economic, and Cultural Rights . 10 Chapter III: On Collective Rights and the Environment . 20 Chapter IV: On the Protection and Application of Rights . 21 Chapter V: On Duties and Obligations . 23 TITLE III: On the Population and the Territory . 24 Chapter I: On Nationality . 24 Chapter II: On Citizenship . 25 Chapter III: On Aliens . 25 Chapter IV: On Territory . 25 TITLE IV: On Democratic Participation and Political Parties . 26 Chapter I: On the Forms of Democratic Participation . 26 Chapter II: On Political Parties and Political Movements . 27 Chapter III: On the Status of the Opposition . 30 TITLE V: On the Organization of the State . 31 Chapter I: On the Structure of the State . 31 Chapter II: On the Public Service . 32 TITLE VI: On the Legislative Branch . 35 Chapter I: On its Composition and Functions . 35 Chapter II: On its Sessions and Activities . 38 Chapter III: On Statutes . 40 Chapter IV: On the Senate . 47 Chapter V: On the House of Representatives . 49 Chapter VI: On Members of Congress . 52 TITLE VII: On the Executive Branch . 54 Chapter I: On the President of the Republic . 54 Chapter II: On the Government . 59 Chapter III: On the Vice President . 60 Chapter IV: On the Ministers and Directors of Administrative Departments . 60 Chapter V: On the Administrative Function . 61 Chapter VI: On the States of Exception . 62 Chapter VII: On the Public Force . 64 Chapter VIII: On International Relations . 66 Colombia 1991 (rev. 2015) Page 2 constituteproject.org PDF generated: 16 Sep 2021, 17:03 TITLE VIII: On the Judicial Branch . 66 Chapter I: General Provisions . 66 Chapter II: On Ordinary Jurisdiction . 68 Chapter III: On Contentious Administrative Jurisdiction . 69 Chapter IV: On Constitutional Jurisdiction . 70 Chapter V: On Special Jurisdictions . 72 Chapter VI: On the Office of Attorney General of the Nation . 73 Chapter VII: Government and Administration of the Judicial Branch . 76 TITLE IX: On Elections and the Electoral System . 78 Chapter I: On the Suffrage and Elections . 78 Chapter II: On the Electoral Authorities . 80 TITLE X: On the Control Organisms . 82 Chapter I: On the Office of Controller General of the Republic . 82 Chapter II: On the Public Ministry . 86 TITLE XI: On the Territorial Organization . 88 Chapter I: General Provisions . 88 Chapter II: On the Departmental Regime . 90 Chapter III: On the Municipal Regime . 96 Chapter IV: On the Special Regime . 101 TITLE XII: On the Economic and Public Finance Regime . 104 Chapter I: General Provisions . 104 Chapter II: On Development Plans . 106 Chapter III: On the Budget . 108 Chapter IV: On the Distribution of Resources and Jurisdictions . 111 Chapter V: On the Social Purpose of the State and of the Public Services . 119 Chapter VI: On the Central Bank . 120 TITLE XIII: On Constitutional Reform . 121 TRANSITIONAL PROVISIONS . 122 New Transitional Article: (from Legislative Act No. 2 of 2015) . 137 Colombia 1991 (rev. 2015) Page 3 constituteproject.org PDF generated: 16 Sep 2021, 17:03 • Source of constitutional authority • God or other deities Preamble • Motives for writing constitution • Preamble • Regional group(s) The people of Colombia, In the exercise of their sovereign power, represented by their delegates to the National Constituent Assembly, invoking the protection of God, and in order to strengthen the unity of the nation and ensure to its members life, peaceful coexistence, work, justice, equality, understanding, freedom, and peace within a legal, democratic, and participatory framework that may guarantee a just political, economic, and social order and committed to promote the integration of the Latin American community, decree, authorize, and promulgate the following: TITLE I: On Fundamental Principles • Human dignity Article 1 • Reference to fraternity/solidarity • Type of government envisioned Colombia is a social state under the rule of law, organized in the form of a unitary republic, decentralized, with autonomy of its territorial units, democratic, participatory, and pluralistic, based on the respect of human dignity, the work and solidarity of the individuals who belong to it, and the prevalence of the general interest. Article 2 The essential goals of the State are to serve the community, promote the general prosperity, and guarantee the effectiveness of the principles, rights, and duties stipulated by the Constitution; to facilitate participation by everyone in the decisions that affect them and in the economic, political, administrative, and cultural life of the nation; to defend national independence, maintain territorial integrity, and ensure peaceful coexistence and enforcement of a just order. The authorities of the Republic are established in order to protect all individuals residing in Colombia, in their life, honor, property, beliefs, and other rights and freedoms, and in order to ensure the fulfillment of the social duties of the State and individuals. Article 3 Sovereignty resides exclusively in the people from whom public power emanates. The people exercise it in direct form or through their representatives, within the limits established by the Constitution. Article 4 The Constitution provides the norm of regulations. In all cases of incompatibility between the Constitution and the statute or other legal regulations, the constitutional provisions shall apply. • Duty to obey the constitution It is the duty of citizens and of aliens in Colombia to obey the Constitution and the laws, and to respect and obey the authorities. Colombia 1991 (rev. 2015) Page 4 constituteproject.org PDF generated: 16 Sep 2021, 17:03 Article 5 The State recognizes, without any discrimination whatsoever, the primacy of the inalienable rights of the individual and protects the family as the basic institution of society. • Ultra-vires administrative actions Article 6 Individuals are solely responsible before the authorities for violations of the Constitution and the laws. Public servants are responsible for the same violations and the omissions or ultra vires acts committed in the exercise of their functions. • Right to culture Article 7 The State recognizes and protects the ethnic and cultural diversity of the Colombian Nation. • Right to culture Article 8 It is the obligation of the State and of individuals to protect the cultural and natural assets of the nation. • Regional group(s) Article 9 • International law • Right to self determination The external relations of the state are based on national sovereignty, on respect for the self-determination of peoples, and on the recognition of the principles of international law approved by Colombia. In the same manner, the foreign policy of Colombia shall be oriented toward the integration of Latin America and the Caribbean. • Official or national languages Article 10 • Protection of language use Spanish is the official.
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