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Colombia's Constitution of 1991 with Amendments Through 2005

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Colombia's Constitution of 1991 with Amendments Through 2005 PDF generated: 26 Aug 2021, 16:23 constituteproject.org Colombia's Constitution of 1991 with Amendments through 2005 © Oxford University Press, Inc. Translated by Marcia W. Coward, Peter B. Heller, Anna I. Vellve Torras, and Max Planck Institute 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. constituteproject.org PDF generated: 26 Aug 2021, 16:23 Table of contents Preamble . 4 TITLE I: Fundamental Principles . 4 TITLE II: Rights, Guarantees, and Duties . 5 Chapter I: Fundamental Rights . 5 Chapter II: Social, Economic, and Cultural Rights . 10 Chapter III: Collective Rights and the Environment . 20 Chapter IV: The Protection and Application of Rights . 21 Chapter V: Duties and Obligations . 23 TITLE III: The Population and the Territory . 24 Chapter I: Nationality . 24 Chapter II: Citizenship . 25 Chapter III: Aliens . 25 Chapter IV: Territory . 25 TITLE IV: Democratic Participation and Political Parties . 26 Chapter I: Forms of Democratic Participation . 26 Chapter II: Parties and Political Movements . 27 Chapter III: The Status of the Opposition . 29 TITLE V: The Organization of the State . 30 Chapter I: The Structure of the State . 30 Chapter II: The Civil Service . 31 TITLE VI: The Legislative Branch . 34 Chapter I: Composition and Functions . 34 Chapter II: Legislative] Sessions and Activities . 36 Chapter III: The Laws . 38 Chapter IV: The Senate . 45 Chapter V: The Chamber of Representatives . 47 Chapter VI: The Members of Congress . 48 TITLE VII: The Executive Branch . 51 Chapter I: The President of the Republic . 51 Chapter II: The Government . 55 Chapter III: The Vice President . 56 Chapter IV: The Ministers and Directors of Administrative Departments . 57 Chapter V: The Administrative Function . 58 Chapter VI: States of Exception . 58 Chapter VII: The Public Force . 61 Chapter VIII: International Relations . 62 Colombia 1991 (rev. 2005) Page 2 constituteproject.org PDF generated: 26 Aug 2021, 16:23 TITLE VIII: The Judicial Branch . 63 Chapter I: General Provisions . 63 Chapter II: The Ordinary Jurisdiction . 64 Chapter III: The Contentious Administrative Jurisdiction . 65 Chapter IV: The Constitutional Jurisdiction . 66 Chapter V: Special Jurisdictions . 68 Chapter VI: The Office of Attorney General of the Nation . 69 Chapter VII: The Superior Council of the Judicature . 71 TITLE IX: Elections and the Electoral System . 73 Chapter I: Suffrage and Elections . 73 Chapter II: The Electoral Authorities . 75 TITLE X: The Control Organisms . 77 Chapter I: The Office of Controller General of the Republic . 77 Chapter II: The Public Ministry . 80 TITLE XI: The Territorial Organization . 83 Chapter I: General Provisions . 83 Chapter II: The Departmental Regime . 85 Chapter III: The Municipal Regime . 90 Chapter IV: The Special Regime . 94 TITLE XII: The Economic and Public Finance Regime . 97 Chapter I: General Provisions . 97 Chapter II: The Development Plans . 99 Chapter III: The Budget . 101 Chapter IV: The Distribution of Resources and Jurisdictions . 104 Chapter V: The Social Purpose of the State and of the Public Services . 107 Chapter VI: The Central Bank . 108 TITLE XIII: Constitutional Reform . 109 Colombia 1991 (rev. 2005) Page 3 constituteproject.org PDF generated: 26 Aug 2021, 16:23 • Source of constitutional authority • Motives for writing constitution Preamble • 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: 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. • Right to culture 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. • Duty to obey the constitution Article 4 The Constitution provides the norm of regulations. In all cases of incompatibility between the Constitution and the law or other legal regulations, the constitutional provisions will apply. 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. 2005) Page 4 constituteproject.org PDF generated: 26 Aug 2021, 16:23 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 held 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. • International law Article 9 • Regional group(s) • Right to self determination The foreign relations of the State are based on national sovereignty, on respect for the self-determination of the people, and on the recognition of the principles of international law approved by Colombia. In the same manner, the foreign policy of Colombia will be oriented toward the integration of Latin America and the Caribbean. • Official or national languages Article.
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