Colombian Constitution of 1991

[3] Although the strict application of the National Front ended with the 1974 election, the power-sharing aspects of the system were dismantled only gradually - only in 1986 did President Virgilio Barco form a single-party Liberal government, after the Conservatives had rejected his offer of three ministries in his administration.

[6] In 1990, two other presidential candidates were assassinated - Bernardo Jaramillo of the Patriotic Union (UP) was killed March 22, 1990, and Carlos Pizarro of the AD M-19 was shot on April 26, 1990.

The August 1989 assassination of Luis Carlos Galán, who was the early favourite to win the 1990 elections, shocked public opinion in Colombia and led, seven days later, to a 'silent march' (Marcha del silencio) organized by university students in Bogotá.

[13] In 1986, faced with the urgency of presenting some tangible proof of the "democratic opening" (liberalization) that left-wing movements and guerrillas had been incessantly demanding, the Congress passed a constitutional amendment allowing for the direct election of mayors (hitherto appointed by departmental governors).

In 1991, the Workers' Revolutionary Party (PRT), most fronts of the Popular Liberation Army (EPL) and the Movimiento Armado Quintin Lame (MAQL) all demobilized.

Some months later, the students promoted the so-called séptima papeleta, or 'seventh ballot paper', as an unofficial plebiscite for a constituent assembly to be held alongside the March 1990 legislative election.

[19] The séptima papeleta was the brainchild of Fernando Carillo, a young Harvard graduate and constitutional lawyer, who at the time was teaching law in Bogotá's three main private universities.

In February 1990, Carrillo published an article in El Tiempo, the first to use the term séptima papeleta and explaining the objectives of his idea.

Carrillo argued that the unofficial vote would "create a political fact" and "set the record that public opinion wants a constituent assembly", while the expression of popular sovereignty would keep the courts from invalidating it.

Former President López Michelsen supported the idea, and further proposed that the government issue a state of siege decree ordering the official counting of the seventh ballot papers.

[b][30] Gaviria's draft was rejected by the guerrilla groups, smaller legal left-wing parties, the umbrella organization of pro-constituent assembly movements and even Todavía podemos salvar a Colombia.

[31] On August 2, 1990, Gaviria oversaw the signing of a political agreement for a constitutional assembly by members of the Liberal Party, the two rival Conservative groups and the AD M-19.

The assembly would be composed of 70 members elected in a single multi-member national constituency, with a minimum of two additional seats reserved for non-voting delegates from demobilized guerrilla groups.

[33] Others - such as the pro-constituent assembly groups on the left - blasted the fairly rigid eligibility conditions and the exclusion of students, guerrillas, social leaders and indigenous peoples.

[37]Based on these arguments, the court ruled that the agenda set by the political agreement was unconstitutional as it placed undue limits on the powers of the primary constituent.

It cites other fundamental principles defining the Colombian State - democratic; participatory; pluralistic; based on the respect of human dignity, on the work and solidarity of the individuals who belong to it, and the prevalence of the general interest.

[56] In sentence T-406/92, the Constitutional Court noted that the concept of the estado social de derecho encompassed not only individual rights but also the entire organizational apparatus of the State.

It is not required to cite the specific constitutional rule infringed, and the application may be made through any written form of communication, with a possibility for minors and the illiterate to apply orally.

[69] In cases where the request concerns an authority, the judge's decision shall ensure to the aggrieved the full enjoyment of their right and return to the state prior to the violation (if possible).

[70] On the occasion of the 20th anniversary of the Constitution in 2011, Semana confirmed that the acción de tutela was the most widely used judicial mechanism, with 4 million actions submitted across Colombia between 1991 and 2011.

In 2010, a commission of experts convened by the government for its judicial reform noted that the use of the action had "aggravated the breach of procedural terms, delays and backlogs in the processing of the ordinary cases.

The bloque de constitucionalidad or constitutional/constitutionality bloc, established by Article 93, is made up of all international human rights treaties and agreements ratified by Congress.

The nine duties listed are respecting others' rights and not abusing one's own, striving in accordance with the principle of social solidarity, respecting and supporting the legitimately constituted democratic authorities, defending and propagating human rights, participating in political and civic life, working to achieve and maintain peace, collaborating for the proper functioning of the administration of justice, protecting the country's natural and cultural resources, ensuring the preservation of a healthy environment and contributing to the financing of public expenses.

[76] Title VI of the Constitution, from article 132 to 188, details the legislative branch of Colombia, which is made up of the bicameral Congress with the Senate and the Chamber of Representatives.

The 1886 Constitution, in article 121, allowed the President to declare a state of siege, which gave him extraordinary lawmaking powers, in the case of foreign war or internal disturbances.

Article 122 of the 1886 Constitution, modified by a 1968 amendment, allowed the President to declare a state of emergency for up to 90 days a year in the event of social or economic crises.

During the state of foreign war, the Congress continues to enjoy all its constitutional and legal powers and receives periodical reports from the presidency on the decrees adopted and the evolution of circumstances.

The President may issue legislative decrees suspending laws incompatible with the state of foreign war, remaining in force until they expire and/or normal conditions are deemed to have been restored.

[47] In the decree declaring a state of emergency, the government must indicate the period within which it intends to make use of its extraordinary powers, and at the conclusion thereof, Congress shall meet or be convened.

It is made up of nine judges or magistrates elected by the Senate to individual non-renewable eight-year terms from lists of three names each presented by the President, the Supreme Court of Justice and the Council of State.

Territorial limits of Colombia with its neighbours, 1810-present