Relaciones desde las semejanzas y diferencias de las constituciones colombianas de 1886 y 1991

Constitutional Comparisons: 1886 vs. 1991 in Colombia

Similarities Between the Constitutions

• Both constitutions emphasize the protection of life as a fundamental right, with Article 30 of 1886 and Article 11 of 1991 declaring the inviolability of this right and prohibiting the death penalty.

• Articles 20 (1886) and 6 (1991) establish that individuals are accountable to authorities for violating the Constitution and laws, while public servants are liable for similar reasons, including omission or overreach in their duties.

• Both constitutions affirm that governmental authorities are responsible for protecting all residents' rights, including life, honor, property, beliefs, and other freedoms.

• They ensure due process is upheld; no individual can be arrested or deprived of liberty without proper judicial proceedings as stated in both documents.

• The political organization remains consistent across both constitutions with established branches of government: legislative (Congress), executive (President), and judicial.

Differences Highlighted in Constitutional Evolution

• The Constitution of 1886 describes Colombia as a unitary republic, whereas the Constitution of 1991 defines it as a social state governed by law that promotes multiculturalism.

• Religious provisions differ significantly; under the 1886 constitution, Catholicism was favored while the 1991 constitution allows freedom of worship.

• Education policies evolved from being aligned with Catholic teachings in the 1886 constitution to recognizing education as a personal right and public service with social functions in the 1991 version.

• Article 2 of the Constitution of 1886 states sovereignty resides exclusively within the nation; conversely, Article 3 of the Constitution of 1991 asserts that sovereignty lies solely with the people who exercise power directly through their representatives.