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Open AccessArticle10.22431/25005227.140

El poder constituyente y la carta de derechos en la Constitución Política de Colombia de 1991

Eric Leiva Ramírez,Ana Lucía Muñoz González-2011-12-01-Administración & Desarrollo

TL;DRAbstract

Constructing the Colombian constitution in 1991 reflected a complex situation consisting of social phenomena such as drug trafficking, political persecution and excessive use of the "state of siege/emergency" mechanism which bestowed an air of legitimacy on various armed forces: those of the state, terrorists and subversive and paramilitary elements. This, in turn, led to constant violation of people's human rights and total ignorance of the concept of human dignity, this being the foundation for a modern, democratic state. The foregoing led to civil society actors/movements, mainly university students, calling on the people as the constituent power to create a new social contract, a desire resulting in the promulgation of the 1991 constitution which recognises that human dignity provides the means for recognising the rule of law, this being the foundation upon which the entire functioning of public authorities rests for guaranteeing the fundamental rights of all members of a particula

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Constructing the Colombian constitution in 1991 reflected a complex situation consisting of social phenomena such as drug trafficking, political persecution and excessive use of the "state of siege/emergency" mechanism which bestowed an air of legitimacy on various armed forces: those of the state, terrorists and subversive and paramilitary elements. This, in turn, led to constant violation of people's human rights and total ignorance of the concept of human dignity, this being the foundation for a modern, democratic state. The foregoing led to civil society actors/movements, mainly university students, calling on the people as the constituent power to create a new social contract, a desire resulting in the promulgation of the 1991 constitution which recognises that human dignity provides the means for recognising the rule of law, this being the foundation upon which the entire functioning of public authorities rests for guaranteeing the fundamental rights of all members of a particula

Keywords

HumanitiesPolitical sciencePhilosophy

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