DIEGO ALEJANDRO GONZÁLEZ MUÑOZ 5 “A” BOGOTÁ, APRIL OF 2010 FINAL WORK THRID PERIOD MISTER: DIEGO VILLAMIZAR
To your regard what is a Constitution?(Abstain from copying a definition, define it on your own)
R: It is the Fundamental Law by which a country is in force. It is the Magna Carta where the human rights and the organization of the Public Power are devoted.
2. How many Constitutions Colombia had prior to the 1886 Constitution?
R: 7 constitutions.
1) Constitution of Socorro - 1,809
2) Constitution of Cundinamarca 1.811
3) The constitution of 1.832
4) Constitution of 1.843
5) Constitution of 1.853
6) The constitution of 1.858
7) The constitution of 1.863
3. What were the fundamental elements in regard to administrative subdivisions brought by each Constitution?
R: a) 1.809: it was Federalist, Democratic, Liberal and Catholic.
b) 1.811: Respect to the Spanish monarchy
Free representation legitimately constituted by election.
Independence of the powers.
Recognition catholic religion A national representation composed by a president is denominated and a vice-president, Senate of censorship, two advisors of the executive authority, the members of the legislative power, and the courts who have the judicial power. Procedures for the elections pay attention and the mayor of each parish would summon every year for day 3 of November. One pays attention all regarding the Armed Forces. With respect to the national treasure and it express that all citizen has obligation to contribute for the divine cult, subsistence for the ministers of the sanctuary, the expenses of the state and the defence and security of the mother country. The honour and the permanence of the government; for the administration of justice and the national representation. In relation to the education, the first letters that are printed to him to the man in their childhood will give like result citizen robust and illustrated or member corrupt and detrimental. It establishes the citizen rights and duties. c) 1.832: A Republic centralized with general characteristics settles down called Republic of new Granada. The presidentialist regime settles down. The President is appointed by the Congress by a period of 4 years. He was reduced to the period of the Senators (of 8 to 4 years) and Representatives (of 4 to 2 years). The provinces happened to be called Departments, administered by a Governor
d) 1.843: The power of the president was fortified. An educative reform appeared, it prevailed the authoritarianism and the centralism in all the national territory. e) 1.853: Beginning occurs to Federalism. The slavery was eliminated. The suffrage to the men extended majors of 21 years. The direct popular vote prevailed to choose congressmen, governors and magistrates. The administrative and religious freedom settled down. f) 1.858 The country is called officially Granadina Confederation and was conformed by 8 states. One granted participation major and power to him to the provinces; each state could have independent legislative attributes and choose its own president. Vice was abolished presidency and it was replaced by designating by the congress. g) 1.863 The country was called officially the United States of Colombia. It liberalized the policies at social and economic level. It proclaimed the freedom to express the way to think about oral or written form. Freedom to work or to organize any business.
Freedom of the press. Freedom to travel by the territory, to enter or to leave him. Freedom of education. Freedom of cult. Freedom of association. Freedom to own arms and the ammunition and to deal with them. It established a Federal system with central presidency, call presidency of the union, with 2 years of duration and without possibility of immediate re-election. The presidential election was direct, each state placed a candidate and it became by voting. h) 1.876: A constitutional change became so that the elections for president of each state were made at the same time for all the states 4. 1886 was a final Constitutional development that withheld the test of time up until 1991 when it was replaced. What were the greatest achievement of that Constitution? R: The country is called Republic of Colombia. It stopped being a decentralized country to happen to be centralized with a central and unique presidency. The presidential period changed of 2 to 6 years.
The president of the republic was chosen by the congress. The state president was famous governor, who as of that moment in future was named by the president of the republic and appointed the mayors of his department, except the mayor of Bogotá that was named by the president. The re-election of the president in immediate periods was authorized. The Camera. Departmental assemblies, municipal advice chose themselves by popular vote. The Senate was chosen by the departmental assemblies. The suffrage for elections at national level limited the men majors of 21 years that knew to read and to write, the restriction to read and to write did not apply in the regional elections. The figure of the vice-president recreated. The catholic religion became the official religion and recovered the lost rights. 5. When was Slavery abolished? R: The slavery was abolished by means of the law of the 21 of May of 1.851 6. What were the fundamental elements brought by each Constitution prior to the one issued on 1886 in regard to the President? R: 1.811: A national representation composed by a president is denominated and a vice-president, Senate of censorship, two advisors of the executive authority, the members of the legislative power, and the courts who have the judicial power.
1.832: The presidentialist regime settles down. The President is appointed by the Congress by a period of 4 years. 1.843: The power of the president was fortified. 1.863: It established a Federal system with central presidency, call presidency of the union, with 2 years of duration and without possibility of immediate re-election. 7. What were the fundamental elements brought by the 1886 Constitution in regard to the President? R: 1.886: It stopped being a decentralized country to happen to be centralized with a central and unique presidency. The presidential period changed of 2 to 6 years. The president of the republic was chosen by the congress. The state president was famous governor, who as of that moment in future was named by the president of the republic and appointed the mayors of his department, except the mayor of Bogotá that was named by the president. The re-election of the president in immediate periods was authorized. 8. What is a Constitutional Amendment? It supposes the modification of the constitution of a State, intends a partial revision of a constitution and the substitution of one or several of its norms that do not modify the structure and fundamental principles of the constitutional text.
9. Explain the concept State of Siege? It is when a disturbance of the public order exists that attempts against the institutional stability, the security of the State, or the citizen coexistence and that cannot be solved with the ordinary attributions 10. What is the main power assigned to the President in a State of Siege in regard to legislation? R: 11. Throughout each constitutional development what has been the position of the Roman Catholic Church? R: 12. What is a Plebiscite? R: The plebiscite is the uprising of the town summoned by the President of the Republic, by means of which it supports or it rejects a certain decision of executive.
13. Explain the concept reciprocal deference R: The Government will be able to sign with Santa Sede subject agreements to the later approval of the Congress to regulate, on bases of reciprocal deference and mutual respect, the relations between the State and the Catholic Church. 14. What are the most important Constitutional Amendments done to the 1886 Constitution? R: Guarantees freedom of religion and conscience but affords the catholic faigh preferential treatment. 15. What did the 1957 amendment to the Constitution change? R: The Military junta of temporary character that happened to Rojas Pinilla and by agreement of the traditional political parties, authorizes, in October of 1957, a plebiscite of constitutional reform by means of Legislative Act no. 0247 to determine the parity of the parties with the purpose of to look for an exit to the problems of the country. This agreement and the corresponding period was called the National Front.
The plebiscite of the 01 of December of 1957 approved, with near 94% of votes to please, the constitutional reform for the parity enters traditional political parties both, the liberal one and the conservative, in the Public Corporations by a period of 12 years and determined that the elections for Departmental President of the Republic, Congress, Assemblies and Municipal Councils would be realised during the first semester of 1.958. 16. What was the National Front and what was its main objective? Principales objetivos del frente nacional. R: The Agreement of the House of Nariño was signed in which it remembered the call a referendum for the 9 of October of 1988 and the creation of a Preparatory Commission for the Process of Institutional Readjustment, that would have like functions the definition of the matters object of reforms and to study and to approve the call of the referendum on the project of constitutional reform elaborated by this Commission. 19. What were the main requirements to become President of Colombia? R: At the moment the Constitution establishes in its article 121 that stops to be president is required solely to be Colombian by birth, citizen in exercise and major of 30 years.
20. Prior to the 1991 Constitution, could a President be reelected? R: Yes, . 21. What were the main constituents of the executive branch of government? R: 22. What is a bureaucracy? R: As much in sociology as in administrative science and, especially, the one of public administration, the bureaucracy is an organization or organizational structure characterized by explicit and regularized procedures, division of responsibilities and impersonal specialization of the work, hierarchy and relations. In principle the term can talk about to any type of organization, for example: deprived, public, social companies, with or for charity, etc. 23. To what extent could the President decide in the appointment of the governor for each department? R:
24. What are technocrats and what is their importance to the executive branch of government? R: 25. What were decree-laws? Sentence the laws R: 26. Explain the concept Commander in Chief R: Commander-in-Chief is the maximum position and existing military rank in certain countries worldwide. The position as so it means that she is the commander of all the Armed Forces of the country. In the majority of the cases they are the Chiefs of State or the head of Government through the defense minister or similar. With this the notion is reinforced of which it is the civilian authorities and political the one that is in charge of the Armed Forces. 27. What constitutional functions were assigned to the President in relation to national security? R: Constitution of 1843
28. What was a presidential designate? R: The Designated position of Presidential corresponded in Colombia to the person in charge to replace the President in case of temporary lack or absolute, and existed between 1.863 and 1.886, 1.888 and 1.892 and 1.905 and 1.994. 29. What constitutional power had the capacity to confirm the designate? R: 30. What is a Cabinet Minister? R: 31. How many houses does the Congress have?, explain R: The Congress of the Republic would be made up of 81 senators and 133 representatives.
32. What is the Senate and what is the House of Representatives? is there a difference? R: The Senate of the Republic elaborates, interprets, reform and revocate the Laws and Codes in all the branches of the legislation. The Senate of the Republic is composed by 81 senators, chosen by popular vote. The House of Representatives is one of the two cameras that compose the Congress of the Republic of Colombia. The House of Representatives also is called House of Representatives of the Congress. The House of Representatives is composed by 133 Representatives, who are chosen by popular vote. The House of Representatives is a legislative organ that it has between his faculties to interpret, to countermand and to reform laws. Also it can accuse before the Senate, when it deserves it to the case, the President of the Republic, to the Magistrates of the high ones you cut and to the General prosecutor of the Nation 33. What are the main functions of Congress? R: The Congress of the Republic acts as of: Constituent function: In order to reform the Political Constitution by means of Legislative Acts. Legislative function: In order to elaborate, to interpret, to reform and to countermand the Laws and Codes in all the branches of the Legislation.
Function of Political Control: In order to require and to locate to the Ministers of the Offices and other authorities, and to know the accusations that are formulated against high civil servants of the State. The motion of censorship and the motion of observation can be some of the conclusions of the political responsibility. Judicial function: In order to judge exceptionally to the civil servants of the Be in favor of political responsibility. Electoral function: In order to choose General Contralor of the Republic, General Solicitor of the Nation, Magistrates of the Constitutional Court and the Disciplinary Jurisdictional Room of the Council Superior of the Judicature, Defender of the Town, Vice-president of the Republic when there is absolute lack. Administrative function: In order to establish the organization and operation of the Total Congress, the Senate and the House of Representatives. Function of Public Control: In order to locate to any natural or legal person, to effect of which it renders declarations, oral or written, on facts related to the investigations that the Commission advanced. Function of Protocol: In order to receive to Government or Chiefs of State of other Nations.
34. What are the functions of the House of Representatives? R: The House of Representatives is a legislative organ that it has between his faculties to interpret, to countermand and to reform laws. Also it can accuse before the Senate, when it deserves it to the case, the President of the Republic, to the Magistrates of the high ones you cut and to the General prosecutor of the Nation. 35. What are the functions of the Senate? R: The Senate of the Republic elaborates, interprets, reform and deroga the Laws and Codes in all the branches of the legislation. 36. Who elects Congress? R: The mechanism by which the members of both corporations are chosen is one of the most concrete differences among them. The Senate chooses by means of a denominated system national circumscription, which means that in all the departments it is possible to be voted by the same candidates. The House of Representatives, however, chooses by means of the call territorial circumscription. Each two department has right to curules, plus an additional one by each 250 thousand inhabitants. Consequently, the candidates are different in each department.
37. How is each member of Congress Elected?( Mandatory Question ) R: they are elected by the persons and they nit to be in a party to be part of the congress 38. How is the Judicial Power organized? R: 39. What is the role of the Ministry of Justice in the control of the Judiciary? R: 40. How is the Supreme Court organized? R: It Supreme Court of Justice It is conformed by twenty-eight magistrates who exert during eight years.
41. What are the functions of the Supreme Court?
R: - Head of the ordinary jurisdiction (it regulates conflicts between individuals).
- It judges to the President and the high civil servants.
- It investigates and it judges the members of the Congress.
- Its own regulation occurs.
It knows all the contentious businesses of the credited diplomatic agents before the Government.
42. Who elects the members of the Supreme Court?
R: The magistrates of the Constitutional Court are chosen by the Senate of the Republic of individual short lists that present/display the President of the Republic, the Supreme Court of Justice and the Council to him of State. The magistrates of the Constitutional Court cannot be reelected.
43. What are the functions of the Council of State?
44. Who elects the members of the Council of State?
45. What are the judicial districts? R: 46. What are the superior courts? R: 47. How are the lower courts distributed? R: 48. What are administrative courts? R: 49. What is the function of the Public Ministry? R: The Public Ministry will be exerted by the General Solicitor of the Nation, by the Defender of the Town, the delegated solicitors and the agents of the Public Ministry, before the jurisdictional authorities, by the municipal personeros and the other civil servants whom the law determines. To the Public Ministry it corresponds the guard and promotion of the human rights, the protection of the public interest and the monitoring of the official conduct of those who perform functions public.
50. Why was the main reason to promote the public service or career civil servants? R: 51. What did the 1957 amendment brought to the public service? R: 52. What did Law 19 in 1960 established in relations to public service? R: 53. What can be understood by career service? R: 54. As of 1988 how was Colombia’s administrative division? R:
55. What is the difference between a National Territory and a Departmen t? R: According to the National Constitution of 1991, for the administration of the State and the political representation, the national territory is divided in indigenous departments, districts, municipalities and territories, which is known like the political-administrative division. 56. What are the functions of a Governor? R: 1. To fulfill and to make fulfill the Constitution, the laws, decrees of the Governor, and decrees of the departmental assemblies. 2. To direct and administrative tie in operations of the department and to act in its name like manager and promoter of the integral development of its territory, in accordance with the constitution and the laws. 3. To direct and to coordinate the national services in the conditions of delegation that confers the President to him of the Republic. 4. To opportunely present/display to the Departmental Assembly the decree projects on plans and programs of economic and social development, public works and annual budget of rents and expenses. 5. To freely appoint and to remove to the industrial or commercial managers or directors of the establishments public and companies of the department. 6. To foment in agreement with the deputies, the social and economic development of the region.
7. To create, to suppress and to fuse the jobs of its dependencies and to indicate its functions, special. 8. To suppress or to fuse the departmental organizations in accordance with decrees. 9. To object by reasons for unconstitutionality, illegality or disadvantage the decree projects, or to sanction them and to promulgate them. to 10. to review the acts of the Municipal Councils and the mayors and, by reasons for unconstitutionality or illegality, to send them to the competent Court so that it decides on his validity. to 12. to summon to the Departmental Assembly to extraordinary sessions in which it will only take care of the subjects and materials for which was summoned. to 13. to choose of the short lists sent by the respective national head, the managers or sectional heads of the establishments public of the national order, in agreement with the law that operates in the department. to 14. to exert the administrative functions that to him the President of the Republic delegates. 15. The others that the Constitution indicates. The President of the Republic in the cases indicated by the law is the one in charge to dismiss the Governors.
57. What is the lowest level of government for each Department? R: 58. In what year was the popular election for Majors established? R: 1840