Abstract

RODRIGUEZ VILLABONA, Andrés Abel. THE STATE AS A PROJECT IN THE CONSTITUTION OF 1991. anal.polit. [online]. 2021, vol.34, n.101, pp.47-67.  Epub July 12, 2021. ISSN 0121-4705.  https://doi.org/10.15446/anpol.v34n101.96559.

The Constitution of 1991 aimed to strengthen the State and its institutional capacity, overcoming thus a situation of heightened violence. It maintained, however, the State structure of the previous constitutional regime, although it was given a new dimension by defining it as “a welfare State based on the rule of law.” In this way, it laid the foundations of the organization of the Colombian State and determined its meaning and form. To define the meaning of all these elements it is necessary to examine some conceptual assumptions about the State and its link to law. On this basis, it is possible to carry out a general review of the main political-legal characteristics of the State in Colombia and, in addition, to formulate a critical analysis after thirty years of validity of the Constitution that shows that in many places and contexts the State is still an aspiration, although the relationship between law and State was transformed.

Keywords : Constitution of 1991; State in Colombia; sovereignty; centralism; presidentialism; legislator; judicial branch..

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