Abstract

SANCHEZ-ZAPATA, DIANA CAROLINA; SANIN-VELEZ, ADRIANA MARÍA  and  ATEHORTUA-ARREDONDO, CLARA INÉS. Relationship between Democracy and Territory in the 1991 Political Constitution: An Analysis based on Mining-Energy Popular Consultations. Estud. Socio-Juríd [online]. 2021, vol.23, n.1, pp.99-132.  Epub May 29, 2022. ISSN 0124-0579.  https://doi.org/10.12804/revistas.urosario.edu.co/sociojuridicos/a.9563.

The article presents a critical study of the normative and jurisprudential deformations to the model of a unitary, decentralized state with autonomous regional territories, as well as of the weakening of citizen participation as a structural pillar of the state form adopted in the Political Constitution of 1991. The study is based on the analysis of popular consultations on mining energy projects. It allows concluding that, although the popular consultations reopened important discussions about the relationship between democracy and territory, the relevant modifications have shown the limitations of the Colombian territorial model that arise from the constitutional design. Amid tensions and inconclusive debates in the National Constituent Assembly on the relationship between the Nation and territorial entities, social movements are shaping the formation of an active and qualified citizenry that persists in demanding participation in the decision-making process relating to their territory. This participation is a necessary component of the ultimate goal of the social state based on the rule of law, which is the integral development of the human being in their own social context.

Keywords : Democracy; participatory development; Political Constitution of 1991; territorial organization; popular consultations.

        · abstract in Spanish | Portuguese     · text in Spanish     · Spanish ( pdf )