The Hierarchy Of Power In Colombia

The Hierarchy of Power in Colombia

In Colombia, the Constituent Power arises in the people and for the people, with the modification of the Political Constitution of 1991 the people attributes power to some representatives through the Constitution and hence the conformation of the State lies and therefore The figure of legal structures which the representatives are organized and assigned constituted positions and functions, hence the constituent power is divided into two types, the original constituent power that is autonomous with the power to make a constitution, is absolute, is absolute, is absolute It is not derived from another legal power and on this there is no other with more supremacy due to the fact of being sovereign, where its purpose is to create and regulate the fundamental norms pursuing the benefit of the individuals who make up society for a successful social organization and the its functioning with respect to political and legal coexistence through the Political Constitution and the fulfillment of this, thus The Constituent Assembly must do the task of discussing, structuring and writing with basis the norms which will be approved by the people.

The derived constituent power has the power of the constitutional bodies to modify certain articles of the Constitution by the collective good but with the requirement of maintaining the identity and essence of the same for which the Political Constitution through the Constitutional Court monitors and safeguard that the rules that are issued do not go against it and adjust to the explicit or implicit limits and this is carried out by going to the mechanisms of citizen participation such as the referendum or plebiscite because this modification is by decision and consent of the democratic people, the power to reform the Constitution does not mean that it can be repealed, partial replaced or in its entirety because the reforms are carried out with the sole objective of introducing or modifying something that is significant and transcendental that is of character that is of character essential for the same Constitution for the changes generated by society, but without altering its fundamental legal political principles, otherwise it will be declared as unconstitutional and the act of reform will be canceled.

For the constituent power, the authority of the people is essential, therefore, state structures were adapted by calling it public power that is regulated in article 113 of the Political Constitution of 1991 where it establishes the structure of the State through branches of power and Autonomous and independent control bodies with special functions confident by the State, one of them and important is the these are cooperating with each other for the same end and to which they attribute tasks that they will have to perform on behalf of the people in search of an interest General in compliance with the purposes of State and are called legislative, executive and judicial that exercise power and authority within the State granted by the Constitution, functions such as administrative at the head of the head of the State responsible for guaranteeing the rights of the people, legislative branch with its function of issuing laws or norms through the Congress of the Republic A and those who make it up, exercising control over the government and most importantly to this branch is attributed to the power to reform the Constitution, likewise the judicial branch responsible for the resolution of legal conflicts between citizens or the State and these, through application Of the norms that are mandatory for every citizen, all these functions which are instituted within the constitutional legal framework to achieve a balance in the administration of the State, all these branches of a legal nature that are subject to rules of necessary obedience.

Finally, we can say that constituent power is a source of positive law, this power is granted to the people in general and not to certain individuals, while the public power governs the people but under strict regulations of the constituent power, have the power of Legal structuring, these norms issued by Congress are the result of a democratic political process, which seek order, harmony and social coexistence of those who inhabit the national territory, public power is infallible and important for the direction of state affairs and of the public administration, all duly regulated and with limits established in the Political Constitution to avoid the abuse of power and in this way not to lose the essence and end of the State, although even with efforts in Colombia it has been difficult and complex to control and intervene in Corruption within the State for the ambition and poor administration of the rulers.