The 1991 National Constitution: An Unequivocal Path Toward Peace and Respect for Human Rights in Colombia

Abstract

Written by a professor at the School of Political Science of the Universidad Nacional de Colombia, Medellín campus, this article develops a legal-philosophical analysis of the relationship between democracy, civil society, and the protection of natural heritage within the framework of the Social Rule of Law established by Colombia's 1991 Constitution. The author examines the historical foundations of modern constitutionalism and argues that Colombian civil society remains largely a fiction due to the persistence of domination practices inherited from the colonial period and the hegemony of the neoliberal economic model. The text proposes an eight-point methodology for assessing the constitutionality of productive development projects, including mining and energy projects, examining their compatibility with the inhabitant-territory relationship, ecosystem defense, and international law.