Historia del Constitucionalismo en Colombia (LÍNEA DE TIEMPO/CRONOLOGÍA)

History of Constitutionalism in Colombia

Early Constitutions and Political Divisions

• The discussion begins with an overview of the history of constitutionalism in Colombia, starting from the first constitutions in 1811 to the current one.

• Following the events of July 20, 1810, during independence, leaders in New Granada split into two factions: centralists led by Antonio Nariño and federalists led by Camilo Torres.

• The period saw conflicts like "la patria boba," stemming from these ideological divisions. Two significant constitutions emerged:

• The Cundinamarca Constitution (March 30, 1811), recognizing the exiled Spanish king as sovereign.

• The Act of Federation (November 27, 1811), asserting total independence from Spain.

Impact of Civil Wars and Reforms

• Each constitution underwent reforms that fueled further civil strife. This instability contributed to a resurgence of Spanish control over Colombia.

• Bolívar returned from Europe to continue the independence process amid challenges posed by Spanish reconquest efforts.

Formation of a Unified Republic

• The Second National Congress of Venezuela convened to discuss a new constitution. In February 1819, Bolívar presented his centralist government vision influenced by Rousseau's ideas.

• By December 17, 1819, the Fundamental Law of Angostura was enacted, uniting Venezuela and New Granada under the name Republic of Colombia.

Transition to Permanent Constitution

• The Angostura law served as a provisional constitution with only 14 articles reflecting Bolívar's centralist republican ideals while awaiting a definitive congress.

• Significant decrees were issued during this time; notably, on January 11, 1820, slavery was abolished through gradual measures leading to full abolition in 1851.

Establishment of Cúcuta Constitution

• The Assembly at Cúcuta met in May 1821 and ratified previous laws while drafting a definitive constitution on July 12 that year.

• This new constitution mirrored Angostura’s structure but included key differences such as affirming popular representation and liberal principles without endorsing any specific religion.

Characteristics and Challenges

• The Cúcuta Constitution (August 30, 1821), with its comprehensive nature (191 articles), is recognized as Colombia's first complete permanent constitution emphasizing centralism.

• Articles affirmed that departments had no decision-making power; they were administrative divisions subordinate to national authority—this aspect contributed to future governance issues.

Disputes Over Constitutional Reform

• Tensions arose between Santandereans advocating for federal reform versus Bolivarians wanting to maintain existing structures until ten years post-enactment per Article 191.

• A convention was organized at Ocaña (April-June1828), but it failed to resolve disputes regarding constitutional changes between opposing factions.

Political Turmoil and Constitutional Changes in Colombia

The Crisis of Governance (1828)

• The political situation worsened, leading to a lack of leadership as both the president and vice president were absent. The cabinet took over governance responsibilities.

• On June 13, 1828, a petition was sent to Simón Bolívar urging him to return and save the nation, which he responded to by issuing the Organic Decree of Bolívar's dictatorship on August 27, 1828.

Bolívar's Dictatorship and Constitutional Changes

• The decree abolished the Cúcuta Constitution, concentrating power in the hands of the head of state while eliminating the vice presidency and Congress.

• Bolívar aimed for a national assembly meeting on January 2, 1830, to draft a new constitution, indicating his intent was not to cling to power but rather rectify issues stemming from previous constitutional conflicts.

Political Opposition and Monarchical Aspirations

• Bolívar sought a European prince for constitutional monarchy in Colombia; this led General José María Córdoba to rebel against him due to perceived betrayal of constitutional principles.

• Córdoba was later assassinated by an Irish adventurer. Bolívar halted efforts towards establishing a constitutional monarchy as his advisors opposed it.

Aftermath of Conspiracies

• Following the September conspiracy against Bolívar on September 25, 1828, Santander was exiled. A subsequent assembly resulted in drafting the constitution on April 29, 1830.

• Many attendees at this assembly supported Bolívar’s ideas despite opposition from Santander's followers who were absent during this critical meeting.

New Constitutions and Regional Fragmentation

• The new constitution established an eight-year presidential term with immediate re-election prohibited. It retained confessional elements similar to its predecessor.

• By mid-1831, Gran Colombia dissolved into separate nations due to differing economic interests among Colombia (mineral), Venezuela (agricultural), and Ecuador (artisanal).

Transitioning Leadership in Nueva Granada

• Following Bolivar's resignation amid political disputes over leadership roles between figures like Kaiser and Mosquera, Caicedo enacted a new constitution on November 17, 1831.

• This constitution laid out general provisions regarding territorial limits and alliances but required adherence to the earlier constitution temporarily.

Stability Under Santander’s Interim Government

• Francisco de Paula Santander was appointed interim leader with goals focused on stability through reforms in finance and education while gaining recognition from foreign entities like the Holy See.

Continued Political Struggles

• Despite initial successes under Santander’s administration leading up to March 10, 1832 elections for re-election occurred amidst rising tensions with former allies like José Ignacio de Márquez opposing his policies.

Conflict Arising from Governance Issues

• Reforms initiated by Márquez faced backlash leading into religious uprisings known as "Guerra de los Supremos," lasting until 1842 before government forces emerged victorious.

Constitutional Developments in Colombia (1843-1873)

The Constitution of 1843 and Its Implications

• The Constitution of 1843 was created on April 20, 1843, but only came into effect on May 8, ending previous constitutional legacies. It granted extensive powers to the president while diminishing provincial autonomy.

• This constitution eliminated independence for educational institutions, placing them under ecclesiastical authorities to unify thought processes within the country. Additionally, it established the vice presidency and declared Catholicism as the sole religion.

Liberal Reforms and Civil War

• Under President Mariano Ospina's leadership, significant economic changes were initiated alongside liberal reforms that included separation of church and state, abolition of slavery, freedom of press, and federalism. These reforms sparked a violent backlash from conservatives leading to civil unrest.

• The civil war of 1851 marked the first major conflict between liberals and conservatives in Colombia, culminating in Ospina's capture and subsequent political shifts led by José María Obando with support from López.

The Constitution of 1853: A New Federal Framework

• On May 21, 1853, a new constitution was enacted that introduced federalism in Colombia along with civil rights provisions and allowed states to create their own constitutions as long as they did not contradict central government laws. This period saw internal conflicts within the liberal party leading to a coup d'état in early 1854.

• Following this coup, a temporary truce between liberals and conservatives resulted in Manuel María Madrid becoming provisional president until further political restructuring occurred.

Establishment of the Confederation Granadina

• By early 1857, Colombia faced division among its provinces; thus an assembly sanctioned the Constitution of the Confederation Granadina on May 22, 1858. This document grouped several provinces into three sovereign states aiming for better governance amidst ongoing tensions between liberal ideals and conservative resistance.

• Key features included a catalog of civil rights (Article 56), early constitutional control mechanisms (Articles 35 & 36), and delineation of state versus confederation responsibilities (Article 11). These articles aimed at decentralizing power significantly from the central government to individual states.

Further Reforms Leading Up to War Magna

• In response to growing discontent regarding electoral interventions by President Mariano Ospina through legislative reforms favoring conservative control over elections and military matters led to insurrections spearheaded by former President Mosquera against perceived violations against state liberties—this conflict became known as Guerra Magna which concluded with a liberal victory around mid-1861.

The Constitution of 1861: A Shift Towards Liberalism

• Post-war developments saw renaming Colombia as "Los Estados Unidos de Colombia" with Mosquera reinstated as president; however his administration operated under a provisional constitution effective September 20, which sought permanent federalist structures despite being limited in scope (only containing 46 articles).

• Notably absent were references to Catholic Church authority; instead it emphasized religious freedom while establishing Bogotá as the new capital along with creating a legislative body termed "Cámara de Plenipotenciarios." This document reflected strong progressive values aimed at empowering states over central governance concerns.

Radical Changes Introduced by the Constitution of 1873

• Two years later brought about another national convention resulting in the radical Constitution of May 8th that consisted of idealistic proposals intended for drastic societal transformation reflecting purely liberal ideologies following Mosquera’s victories over conservative factions during earlier conflicts—marking an era characterized by profound political shifts towards liberal governance principles throughout Colombian history up until this point.( t =1201)

Radical Changes in Colombia's Political Landscape

Economic and Social Reforms

• The period marked radical reforms including extensive economic freedoms, the use and sale of arms, and the annulment of ecclesiastical power.

• A new electoral configuration was proposed alongside the abolition of the death penalty and a broad catalog of rights for citizens, reflecting ambitious policies for Colombia at that time.

Conflict with Ecuador

• The Empire sought to reconstruct Gran Colombia amidst a brief war with Ecuador due to conflicts with President Gabriel García, who aimed to restore relations with the church.

• The conflict lasted from December 6 to December 7, 1863, ending when Ecuadorians requested an armistice which Mosquera accepted.

Constitutional Challenges

• Continuous voting issues arose as each state held elections at different times; thus, a reform in 1876 aimed to synchronize these processes for stability.

• The fragmented society resulting from the 1863 constitution led states to issue their own constitutions, totaling 42 state constitutions.

Internal Conflicts and Civil War

• This fragmentation resulted in over 50 internal wars between provinces and two national wars until Rafael Núñez emerged victorious in the civil war of 1885 against liberal forces.

Establishment of New Constitution

• Following numerous conflicts and crises, Núñez announced the end of the 1863 constitution leading to the establishment of the Constitution of 1886.

Key Features of the Constitution of 1886

Restoration and Centralization

• The new constitution aimed to restore original structures established by Bolívar while reinforcing centralism within governance.

• It included significant elements such as dignification of territory, consolidation of presidentialism, re-establishment of authoritarianism, and a return to confessionalism.

Legislative Changes

• Sanctioned on August 5, 1886, it declared federalism obsolete in favor of a unitary state structure while unifying military forces under national command.

Consequences and Reforms Under Núñez

Societal Impact

• Provisions included prohibiting divorce and changing Colombia's name while imposing censorship influenced by church doctrines on public education.

Political Persecution

• There was political persecution against liberal professionals during Núñez’s government which continued under José María Campo’s administration.

The Shift Towards Modernity: Constitution Reform Movement

Emergence of New Political Forces

• In response to growing demands for reform, movements like "La Séptima Papeleta" emerged in 1990 advocating for institutional changes through popular participation.

Democratic Participation

• A referendum was held where approximately 90% supported convening a constitutional assembly aimed at enhancing participatory democracy.

Inclusion in Constitutional Assembly

Representation Expansion

• The final assembly included diverse political parties ensuring representation from previously marginalized groups such as women, indigenous peoples, and various religious communities.

This structured overview captures key discussions surrounding Colombia's constitutional history while providing timestamps for easy reference.

Constitutional Changes in Colombia

Overview of the 1991 Constitution

• The Colombian Constitution was officially promulgated on July 4, 1991, marking a significant shift in the country's legal framework.

• It recognized Colombia as a "social state of law," emphasizing the importance of social justice and human rights within governance.

• The concept of national sovereignty evolved from the previous constitution (1886), transitioning to a focus on popular sovereignty, reflecting democratic principles.

Reforms and Their Implications

• Since its enactment, the constitution has undergone 53 reforms, some aimed at positive societal changes while others serve specific interests.

• These reforms are often justified by invoking the will of the people, raising questions about their true motivations and impacts on democracy.