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Opinión Jurídica

Print version ISSN 1692-2530
On-line version ISSN 2248-4078

Abstract

ESTUPINAN ACHURY, Liliana. Territorial Organization in the 1991 National Constitutional Convention. A Socio-Juridical Interpretation from the Point of View of Governmental Mid-Level Officers. Opin. jurid. [online]. 2012, vol.11, n.21, pp.19-38. ISSN 1692-2530.

The Constitution of 1991, result of various political forces, returned to the unitary model; encoding in this again the tense relationship between center State and periphery. The territorial model and the role of the intermediate level were slightly changed with regard to its predecessor, the Constitution of 1886. The National Constitutional Convention, despite the fact that had federal and regional proposals, opted for the unitary model, arguing severe fears of fragmentation and leadership of illegal armed groups in then territories. Undoubtedly, a great moment wasted on account of fears. Five ideas were reiterated in the constitutional debates: autonomy of the territorial organizations, intensification of decentralization, economic strengthening of territorial entities, setting up of the municipality as a fundamental core of the state, and participatory democracy; this of course, in the context and under the limitations of the unitary State.

Keywords : Territorial Constitution; Decentralization; Unitary State; Regional state; Federal State; territorial autonomy; National Constitutional Convention of 1991.

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