Colombian Constitution of 1991

• Study notes on the Political Constitution of Colombia 1991, democratic participation mechanisms, protection mechanisms, and the 20th century.

Colombian State Structure (Article 1)

• Colombia is a social state of law organized as a unitary republic, decentralized with territorial entity autonomy.
• It is democratic, participatory, and pluralistic.
• It's based on respect for human dignity, work, solidarity, and the prevalence of general interest.

Branches of Public Power (Article 113)

• Legislative, executive, and judicial branches.

Congress of the Republic (Article 114)

• Congress reforms the Constitution, makes laws, and oversees the government and administration.
• It consists of the Senate and the House of Representatives.

President of the Republic (Article 115)

• The President is the Head of State, Head of Government, and supreme administrative authority.
• The National Government includes the President, ministers, and directors of administrative departments.
• The President and relevant Minister or Department Director together constitute the Government for particular affairs.
• Governorates, mayoralties, superintendencies, and public establishments are part of the Executive Branch.

Control Bodies (Article 267)

• Fiscal control is a public function exercised by the Comptroller General of the Republic.
• It oversees fiscal management of the administration and individuals or entities managing national funds/assets.

Democratic Participation Mechanisms (Article 103)

• Mechanisms include vote, plebiscite, referendum, popular consultation, open council, legislative initiative, and mandate revocation.

Rights Protection Mechanisms

• Mechanisms include Tutela action, compliance action, popular/group actions, the People's Advocacy, the Comptroller's Office, the Attorney General's Office, and municipal/local ombudsmen.

Special Jurisdictions (Article 246)

• Indigenous authorities can perform jurisdictional functions within their territories, following their rules and procedures.
• These must not conflict with the Constitution and national laws.
• Laws establish coordination methods between this special jurisdiction and the national judicial system.

Tutela Action

• This is a judicial defense mechanism for fundamental rights.
• Anyone can file it before any public or private authority infringing or threatening those rights.

Compliance Action

• It allows enforcing compliance with a law or administrative act by the entity or authority responsible for it.

People's Advocacy

• Defends, promotes, protects, and disseminates human rights, guarantees, and freedoms of inhabitants and Colombian residents abroad.
• It addresses illegal, unjust, unreasonable, negligent, or arbitrary actions/threats by any authority or individuals.

Attorney General's Office

• Oversees correct functioning of public functions, safeguarding citizen rights/interests, guaranteeing human rights protection.
• It intervenes on behalf of society to defend public assets.

Comptroller's Office

• Oversees correct functioning of all state institutions, ultimately protecting/recovering state resources.
• An autonomous, independent body that exercises fiscal control and oversight over public resources.

Personería

• Control and oversight bodies in territorial entities.
• They act as Public Ministry, defending, protecting, and promoting Human Rights in their jurisdiction.

Popular Actions

• These are mechanisms that seek to protect collective rights and interests.

20th Century Facts and Conflicts

• Began January 1, 1901, with a violent first half that included two World Wars occurred.
• Rise and fall of totalitarianism, with significant social advances like women's liberation, voting rights, and slavery's end in the 20th Century.
• The British Empire was a hegemonic and colonial superpower.
• The Wright brothers achieved the first flight in history and 1905 Albert Einstein formulated the theory of relativity.
• Germany emerged as a new global power, leading to World War I due to its challenge to British leadership.
• The Zionist movement aimed to create a Jewish state.
• Started in the late 19th century after the Dreyfus affair, advocating for a state where all Jews could live in peace.