Public Power As A State Element Based On The 1991 Political Constitution

Public power as a state element based on the 1991 political constitution

The public power is exercised by the government, whether de facto "in fact", or based on a predisposed legal norm, on a cumulus, and not to vaguely considered power. Is subordinated to an authority that is exercised through its inherent organs. Refers to the concept of political power, taking into account this as the ability of a person or a group to carry out their will, despite the opposition of the others.

Apart, this being an organized society, it could not be legal and politically constituted to become a state, without the existence of a domain or be a public power, of a sovereign authority, followed and estimated by the population or in that case the conglomerate. This power is exercised by physical, moral, intellectual and psychological means. In this way, the exercise of power is required to be distributed and divided by several autonomous subjects, avoiding its manifestation and monopolization in the head of a single holder, which is the one that appropriates an illegitimate way of something) as occurs in autocratic systems,in which power is exceeded in high magnitudes. After the public power has been defined, and the way or the way in which it is declared within a social state of law, the relative now is to look at the way in which it is perceived within the Political Constitution of 1991, that is,Establish who is the holder of power in Colombia, and how the principle of separation of powers for the exercise of state functions is declared.

All the power executed by the State comes exclusively from the people, which can be seen in different normative capabilities of the higher order.

This principle of the way it is offered, has the important consequence that those who are selected or chosen by the people to look at the functions of the State must be sustained to their orientations, seeking, trying that with their decisions the common good andThe general interest, reserving the people the power to revoke the mandate in case they do not, opposite situation that occurred in the Political Constitution of 1886, where sovereignty dwelt in the legal person of the nation and with whatThere was no responsibility of the leaders in front of the people in the exercise of their missions, or these are, political work.

The Constitution establishes that the public power is one, made up of three different branches, by autonomous organs, governing among these a duty of harmonious contribution to obtain the purposes of the State, thus developing the different stages of progress presented by thisbeginning.

In article 113 of the Colombian Political Constitution, it is established that the public power is divided into three branches: the legislative, the executive, and the judicial one, which, on the other hand, of the organs that contain them, there are others that are autonomousand that the other functions of the State also fulfill;In this way, it is defined that the different organs of the State have remote or separate functions that contribute balanced to each other for the fulfillment of their objectives.

Finally, it is important to make distinctive reference to examples in which the harmonic collaboration between branches and autonomous organs of public power, according to our Colombian constitutional framework (in which we will find a branch that mainly exercises a function, as well as the valid interventionof other branches that are not owned), it would have an impact on the exercise of tax power (this being a manifestation of public power);Particularly, we refer to cases of collaboration of the Executive Branch (composed of the National Government) in matters of competence of the Legislative Branch (composed of Congress), which are a form of simple collaboration is the exclusive initiative of the Government (member bodyof the executive branch). 

There is no doubt that to achieve any of these aims and objectives, a minimum of available economic resources must.