"With the CONSTITUTION of 1991, often regarded as a peace treaty with
the M-19, the British made a mental shift and normative. Based on this
constitution and with the decisive impetus for the new Court
constitutional, democratizing the state's conception of law in war.
In contrast, the armed actors, rebels and anti-guerrilla forces,
mark their actions signets of deregulation and breach of
principles now universally enshrined, and mandatory
for all parties. " 17
Questa Costituzione effettuò a cambio del diritto nella Concezione costituzionale.I previous Storici, che è bene Ricordare to finalize and to lay the groundwork for the next chapter, are the reasons that lead to a new constitutional text.
was during the administration of Virgilio Barco (1986-1990), in the national debate that took into account the reform to Constitution of 1886, is to limit the use and abuse of the state of exception in the first place, which has capacity to give ethnic minorities (indigenous and Afro-Colombian), and to other political parties and movements never considered, until then, important. Remember that Colombia has always been a nation with a two-party political system.
This was as a result of the executive to bring a bill to amend the Parliament, however, this project, discussed twice in Congress, was not approved. Following this negative response from the Parliament, there will arise the student movement known as the "Septima papeleta. This motion requested that during the elections of 11 March 1991, convened to elect representatives of the senate, house of representatives, regional assembly, governor, mayors and city council, was also included a seventh vote papeleta ", with which he called for a constitutional reform, by calling for the establishment of a Constituent Assembly.
The Supreme Court of Justice recognized the majority will of the people from which this initiative, which was set up private universities and public throughout the country, although it was feared that the Court find its unconstitutionality, because it was established in the Constitution of 1886 that the only authorized mechanism to alter or change the Constitution the legislative act was enacted by Parliament.
With this "restricting" the Constitutional Court not only declared the decree that had issued the outgoing President (Barco), but gave "La Septima papeleta" a lot more power than those in the original decree.
will then be elected President Cesar Gaviria (1990-1994), offering a special decree, which will be convened by the election of a Constitutional Assembly, then approved and legitimated Supreme Court
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