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126-701: The Political Constitution of Colombia of 1991 ( Spanish : Constitución Política de Colombia de 1991 ), is the Constitution of the Republic of Colombia . It was promulgated in Constitutional Gazette number 114 on Sunday, July 7, 1991, and is also known as the Constitution of Human Rights . It replaced the Political Constitution of 1886 and was issued during the presidency of the liberal César Gaviria , with ideas from
252-521: A "people's constituent assembly" on September 6. The FARC, who claimed to support a dialogue with the government, contended that the government's constitutional assembly would merely serve to pass reforms which had failed in Congress and reiterated their demands for an "autonomous and sovereign constituent assembly" which would draft a new constitution. Demobilized groups such as the PRT, MAQL and some fronts of
378-508: A 'silent march' ( Marcha del silencio ) organized by university students in Bogotá. The organizers' original objective was to express their rejection of indiscriminate violence, which had claimed the lives of an average of 11 people per day in 1988. One of the factors which made constitutional change difficult was that the 1886 Constitution could only be amended by the Congress . Article 218 of
504-474: A 1957 ruling on that year's plebiscite which said that the power to modify the constitution did not stem from the constitution itself but rather from 'the revolution' or the "exercise of the latent sovereignty in the people as constituent will.". Secondly, it looked at a 1987 ruling, also concerning the constitutionality of the 1957 plebiscite, in which it had declared that "when the people, exercising its sovereign and inalienable power, decides to pronounce itself on
630-466: A Catholic, Hispanic and Spanish-speaking nation to the exclusion of indigenous peoples and racial minority groups. The 1991 constitution therefore recognized the multiethnic and multicultural composition of Colombia, and allowed Colombia's indigenous, Afro-Colombian and Raizal minorities - among others - to gain political, legal and cultural visibility and recognition. Spanish language Spanish ( español ) or Castilian ( castellano )
756-556: A Colombia . Pro-constituent assembly groups instead proposed a constituent assembly to write a new constitution, with extensive grassroots and guerrilla participation. On August 2, 1990, Gaviria oversaw the signing of a political agreement for a constitutional assembly by members of the Liberal Party, the two rival Conservative groups and the AD M-19. This agreement was the basis for Decree 1926, issued on August 24 and calling for
882-582: A Legislative Act, first discussed and adopted by Congress in its regular sessions; published by the Government, for final consideration at the next regular legislative session; by it again debated, and ultimately approved by the absolute majority of the individuals which compose each House. If the Government does not promptly publish the draft legislative act, the President of Congress will do so. The constitutional reforms which, among other things, set-up
1008-663: A Spanish-based creole language called Chavacano developed in the southern Philippines. However, it is not mutually intelligible with Spanish. The number of Chavacano-speakers was estimated at 1.2 million in 1996. The local languages of the Philippines also retain significant Spanish influence, with many words derived from Mexican Spanish , owing to the administration of the islands by Spain through New Spain until 1821, until direct governance from Madrid afterwards to 1898. Colombian constitutional reform referendum, 1957 [REDACTED] [REDACTED] A referendum on
1134-590: A State in which the exercise of political power is constrained by the law , and where the law is also just . The most important principles underpinning this doctrine are the supremacy of a written constitution, a separation of powers with all branches bound by laws, a hierarchy of laws, the guarantee of individual fundamental rights , legal certainty and the proportionality of state action. The social state denotes those who have incorporated, within their legal system and constitutional order, social rights (or second-generation rights ). These rights commonly include
1260-603: A considerable number of words from Arabic , as well as a minor influence from the Germanic Gothic language through the period of Visigoth rule in Iberia. In addition, many more words were borrowed from Latin through the influence of written language and the liturgical language of the Church. The loanwords were taken from both Classical Latin and Renaissance Latin , the form of Latin in use at that time. According to
1386-428: A constitutional assembly in an officially sanctioned vote, there was no agreement on the form that constitutional change should take. Large number of politicians from both major parties preferred to see constitutional reform done through Congress rather than a constituent assembly, while more marginal political and social forces pushed for a constituent rather than constitutional assembly. Gaviria undertook dialogues with
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#17327652474981512-522: A dramatic change in the pronunciation of its sibilant consonants , known in Spanish as the reajuste de las sibilantes , which resulted in the distinctive velar [x] pronunciation of the letter ⟨j⟩ and—in a large part of Spain—the characteristic interdental [θ] ("th-sound") for the letter ⟨z⟩ (and for ⟨c⟩ before ⟨e⟩ or ⟨i⟩ ). See History of Spanish (Modern development of
1638-416: A field with a university degree for at least five years were eligible for election, although the decree created exceptions for those who had been undergraduate students for at least one year, indigenous leaders for at least one year, social leaders for at least one year or those who had received a pardon as part of a peace process. The agreement/decree set an agenda to which the assembly would be limited. On
1764-482: A first language by Spaniards and educated Filipinos ( Ilustrados ). Despite a public education system set up by the colonial government, by the end of Spanish rule in 1898, only about 10% of the population had knowledge of Spanish, mostly those of Spanish descent or elite standing. Spanish continued to be official and used in Philippine literature and press during the early years of American administration after
1890-513: A just order. The article also stipulates that the authorities of the State are established in order to protect all residents of Colombia and to ensure the fulfillment of the social duties of the State and individuals. According to Article 3, " Sovereignty resides exclusively in the people, from whom public power emanates." They exercise it directly or through their representatives . The forms of democratic participation are presented in title four of
2016-470: A la anhelada paz, no puede la Corte cerrar esa posibilidad. Therefore, both for philosophic and jurisprudential reasons, to determine whether Decree 1926 of August 24, 1990 is constitutional, it is insufficient to compare it with the articles 218 of the Constitution and 13 of the plebiscite of December 1, 1957 without taking into account its potential for peace. Although it is impossible to ensure that
2142-503: A large variety of civil and political rights and economic, social and cultural rights , and establishes judicial mechanisms to guarantee them. In sentence T-406/92, the Constitutional Court noted that the concept of the estado social de derecho encompassed not only individual rights but also the entire organizational apparatus of the State. It further added that the 'organic part' of the constitution (that establishing
2268-478: A long history in the territory of the current-day United States dating back to the 16th century. In the wake of the 1848 Guadalupe Hidalgo Treaty , hundreds of thousands of Spanish speakers became a minoritized community in the United States. The 20th century saw further massive growth of Spanish speakers in areas where they had been hitherto scarce. According to the 2020 census, over 60 million people of
2394-541: A new Congress be elected in 1991 following the approval of the new constitution. In a compromise between the three main forces in the assembly mediated by Gaviria and former president Alfonso López Michelsen, it was agreed that the 1990 Congress would be dismissed and new elections to Congress would be held under the rules of the new constitution in October 1991, but the members of the constitutional assembly would be ineligible to run in these elections. The three presidents of
2520-483: A new constitution without being subject to the requirements imposed by the constitution in force until then. It cited as precedent the modification of the 1886 constitution by plebiscite in 1957, or the adoption of the very constitution of 1886 through other means than those set by the Colombian Constitution of 1863 . The judgement also referenced prior constitutional jurisprudence. Firstly, it mentioned
2646-752: A new constitution, but did not demobilize. The left-wing Patriotic Union (UP), created in 1985 as the FARC and the Communist Party 's legal political wing, also supported a new constitution. A student-led movement called Todavía podemos salvar a Colombia ("We can still save Colombia"), born from the August 1989 'silent march' and predominantly spearheaded by student and faculty from the most prestigious private universities of Bogotá ( Universidad Externado de Colombia , Universidad del Rosario , Pontificia Universidad Javeriana , Universidad de los Andes ), proposed
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#17327652474982772-421: A perder vitalidad y aceptación. In few but transcending words, the primary constituent power represents a moral and political power of ultimate resort, capable, even in times of the greatest darkness, of setting the historical course of the State, rebelling with all its essence and creative vigour. For this reason, it knows how to open blocked channels of expression, or establish those that had been denied, or, in
2898-697: A political party, known as the Democratic Alliance M-19 (AD M-19), in 1990. In 1991, the Workers' Revolutionary Party (PRT), most fronts of the Popular Liberation Army (EPL) and the Movimiento Armado Quintin Lame (MAQL) all demobilized. One of the terms for their demobilization was their (limited) participation in a constituent assembly. The Revolutionary Armed Forces of Colombia (FARC) supported
3024-508: A primarily Hassaniya Arabic -speaking territory, Spanish was officially spoken as the language of the colonial administration during the late 19th and 20th centuries. Today, Spanish is present in the partially-recognized Sahrawi Arab Democratic Republic as its secondary official language, and in the Sahrawi refugee camps in Tindouf ( Algeria ), where the Spanish language is still taught as
3150-418: A referendum on the creation of a constitutional assembly on the basis of the political agreement and simultaneous elections to the constitutional assembly. Like decree 927, decree 1926 was issued as a state of siege decree under article 121 of the 1886 constitution, and justified the creation of a constitutional assembly with the need to solve the country's conflicts by reforming the country's institutions. As per
3276-617: A second language features characteristics involving the variability of the vowel system. While far from its heyday during the Spanish protectorate in Morocco , the Spanish language has some presence in northern Morocco , stemming for example from the availability of certain Spanish-language media. According to a 2012 survey by Morocco's Royal Institute for Strategic Studies (IRES), penetration of Spanish in Morocco reaches 4.6% of
3402-531: A second language, largely by Cuban educators. The number of Spanish speakers is unknown. Spanish is also an official language of the African Union . Spanish was an official language of the Philippines from the beginning of Spanish administration in 1565 to a constitutional change in 1973. During Spanish colonization , it was the language of government, trade, and education, and was spoken as
3528-429: A state of siege decree ordering the official counting of the seventh ballot papers. On 10 March, a day before the election, President Barco gave his personal support to the séptima papeleta . Most Liberal factions also supported the séptima papeleta , with the only significant Liberal opposition coming from former president Turbay and Liberal presidential candidate Hernando Durán Dussán . Álvaro Gómez Hurtado , leader of
3654-416: Is cognate to the root word of satisfacer ("to satisfy"), and hecho ("made") is similarly cognate to the root word of satisfecho ("satisfied"). Compare the examples in the following table: Some consonant clusters of Latin also produced characteristically different results in these languages, as shown in the examples in the following table: In the 15th and 16th centuries, Spanish underwent
3780-666: Is a Romance language of the Indo-European language family that evolved from the Vulgar Latin spoken on the Iberian Peninsula of Europe . Today, it is a global language with about 500 million native speakers, mainly in the Americas and Spain , and about 600 million when including second language speakers. Spanish is the official language of 20 countries , as well as one of the six official languages of
3906-454: Is estimated that about 486 million people speak Spanish as a native language , making it the second most spoken language by number of native speakers . An additional 75 million speak Spanish as a second or foreign language , making it the fourth most spoken language in the world overall after English, Mandarin Chinese, and Hindi with a total number of 538 million speakers. Spanish is also
Colombian Constitution of 1991 - Misplaced Pages Continue
4032-761: Is heavily influenced by Venezuelan Spanish. In addition to sharing most of its borders with Spanish-speaking countries, the creation of Mercosur in the early 1990s induced a favorable situation for the promotion of Spanish language teaching in Brazil . In 2005, the National Congress of Brazil approved a bill, signed into law by the President , making it mandatory for schools to offer Spanish as an alternative foreign language course in both public and private secondary schools in Brazil. In September 2016 this law
4158-411: Is individually responsible before the authorities for violations of the Constitution and the laws, with civil servants further responsible for omission and abuse in the exercise of their duties. The fifth article establishes the primacy of the inalienable rights of the individual, without any discrimination, and protects the family as the basic institution of society. Article 7 recognizes and protects
4284-732: Is related to Castile ( Castilla or archaically Castiella ), the kingdom where the language was originally spoken. The name Castile , in turn, is usually assumed to be derived from castillo ('castle'). In the Middle Ages , the language spoken in Castile was generically referred to as Romance and later also as Lengua vulgar . Later in the period, it gained geographical specification as Romance castellano ( romanz castellano , romanz de Castiella ), lenguaje de Castiella , and ultimately simply as castellano (noun). Different etymologies have been suggested for
4410-844: Is spoken by very small communities in Angola due to Cuban influence from the Cold War and in South Sudan among South Sudanese natives that relocated to Cuba during the Sudanese wars and returned for their country's independence. Spanish is also spoken in the integral territories of Spain in Africa, namely the cities of Ceuta and Melilla and the Canary Islands , located in the Atlantic Ocean some 100 km (62 mi) off
4536-813: Is the de facto national language of the country, Spanish is often used in public services and notices at the federal and state levels. Spanish is also used in administration in the state of New Mexico . The language has a strong influence in major metropolitan areas such as those of Los Angeles , Miami , San Antonio , New York , San Francisco , Dallas , Tucson and Phoenix of the Arizona Sun Corridor , as well as more recently, Chicago , Las Vegas , Boston , Denver , Houston , Indianapolis , Philadelphia , Cleveland , Salt Lake City , Atlanta , Nashville , Orlando , Tampa , Raleigh and Baltimore-Washington, D.C. due to 20th- and 21st-century immigration. Although Spanish has no official recognition in
4662-601: The Basic Law for the Federal Republic of Germany , which in its article 20 proclaims Germany to be a "democratic and social federal state" ( demokratischer und sozialer Bundesstaat ) and the Spanish Constitution of 1978 which established Spain as a "social and democratic State, subject to the rule of law" ( Estado social y democrático de Derecho ). The Rechtsstaat or estado de derecho refers to
4788-485: The National Registrar informed students that while he could not order the counting of the votes for a constituent assembly, neither could he ban the seventh ballot from being deposited. In short, the séptima papeleta would not affect the validity of votes for the six official contests. The unofficial count showed over 2.2 million votes in favour of a constituent assembly, out of over 7.6 million votes cast in
4914-568: The Spanish as a First Foreign Language (SAFFL) initiative in March 2005. Spanish has historically had a significant presence on the Dutch Caribbean islands of Aruba , Bonaire and Curaçao ( ABC Islands ) throughout the centuries and in present times. The majority of the populations of each island (especially Aruba) speaking Spanish at varying although often high degrees of fluency. The local language Papiamentu (Papiamento on Aruba)
5040-508: The Spanish–American War but was eventually replaced by English as the primary language of administration and education by the 1920s. Nevertheless, despite a significant decrease in influence and speakers, Spanish remained an official language of the Philippines upon independence in 1946, alongside English and Filipino , a standardized version of Tagalog . Spanish was briefly removed from official status in 1973 but reimplemented under
5166-548: The United Nations . Spanish is the world's second-most spoken native language after Mandarin Chinese ; the world's fourth-most spoken language overall after English , Mandarin Chinese, and Hindustani ( Hindi - Urdu ); and the world's most widely spoken Romance language. The country with the largest population of native speakers is Mexico . Spanish is part of the Ibero-Romance language group , in which
Colombian Constitution of 1991 - Misplaced Pages Continue
5292-566: The electoral quotient and largest remainders . The single most popular list was that of the AD M-19, led by Antonio Navarro Wolff , which won 992,613 votes and 19 seats. The list led by Álvaro Gómez Hurtado of the National Salvation Movement won 574,411 votes and elected 11 members. Misael Pastrana Borrero 's list for the Social Conservative Party won 236,794 votes and 5 seats. Overall, however,
5418-538: The ethnic and cultural diversity of Colombia, while the following article obliges the State and individuals to protect the cultural and natural assets of the country. The 1991 constitution was a major break with the unitary and exclusionary view of the Nation which had existed in Colombia until that time. The Colombian nation, like most other Hispanoamerican countries, had hitherto been defined in exclusionary terms as
5544-445: The right to work , social security , the right to education , the right to health . The first constitution to explicitly establish social rights was the 1919 Weimar Constitution of Germany, followed by the Spanish Constitution of 1931 and, in Colombia, the 1936 constitutional reform of President Alfonso López Pumarejo . Colombian legal scholar Luis Villar Borda identified German legal scholar and philosopher Hermann Heller as
5670-401: The séptima papeleta in March, stated that the popular will should be recognized and warned that thwarting the "popular movement in favour of institutional change" would weaken the country's political institutions. The government claimed that it was acting to facilitate the expression of the popular will. The contents of the decree were largely the fruit of conversations between the government,
5796-443: The "democratic opening" (liberalization) that left-wing movements and guerrillas had been incessantly demanding, the Congress passed a constitutional amendment allowing for the direct election of mayors (hitherto appointed by departmental governors). There was growing clamour to reform the 1886 constitution, accused of 'closing' political institutions, limiting opportunities for the political participation of minorities and not permitting
5922-431: The "democratic opening" which would guarantee the reincorporation to civilian life of armed rebel groups. In 1986 , Liberal candidate Virgilio Barco was elected to the presidency on a platform of national reconciliation. In January 1988, Barco unexpectedly revived the idea of substantial constitutional change by proposing the organization of a plebiscite, alongside the March 1988 local elections, to repeal article 13 of
6048-480: The 13th century. Spanish colonialism in the early modern period spurred the introduction of the language to overseas locations, most notably to the Americas. As a Romance language, Spanish is a descendant of Latin. Around 75% of modern Spanish vocabulary is Latin in origin, including Latin borrowings from Ancient Greek. Alongside English and French , it is also one of the most taught foreign languages throughout
6174-613: The 1957 plebiscite. The president hoped that a plebiscite would give legitimacy to the repeal of this article (which had also been approved by plebiscite). However, Barco was forced to shelve the idea because of the lack of political consensus around his proposal. Instead, in February 1988, Barco signed a bipartisan agreement with leaders of the Liberal and Conservative parties (the Acuerdo de la Casa de Nariño ) which included agreement on
6300-574: The 1991 constitution. The concept combines two common doctrines in continental European legal thinking - that of the Rechtsstaat (state of law or rule of law, known as estado de Derecho in Spanish), borrowed from German jurisprudence ; and that of the "social state" ( estado social ), similar to the related concept of the Welfare state . The Colombian Constitution of 1991 was inspired by
6426-404: The 2021–2022 school year alone. The local business process outsourcing industry has also helped boost the language's economic prospects. Today, while the actual number of proficient Spanish speakers is around 400,000, or under 0.5% of the population, a new generation of Spanish speakers in the Philippines has likewise emerged, though speaker estimates vary widely. Aside from standard Spanish,
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#17327652474986552-595: The 20th century, Spanish was introduced to Equatorial Guinea and the Western Sahara , and to areas of the United States that had not been part of the Spanish Empire, such as Spanish Harlem in New York City . For details on borrowed words and other external influences upon Spanish, see Influences on the Spanish language . Spanish is the primary language in 20 countries worldwide. As of 2023, it
6678-536: The August 1990 political agreement. It also struck down a requirement for a deposit of COL$ 5,000,000 from candidates. Elections to the Constitutional Assembly were held on December 9, simultaneously with the referendum authorizing the convening of said assembly for February 5, 1991. The elections were overshadowed by the massive abstention - of the country's 14,237,110 eligible voter, just 26% of them (or some 3.7 million) turned out. The referendum
6804-464: The Colombian State - democratic; participatory; pluralistic; based on the respect of human dignity, on the work and solidarity of the individuals who belong to it, and the prevalence of the general interest. The definition of Colombia as a "social state under the rule of law", or estado social de derecho in Spanish, is one of the most important legal and philosophical changes associated with
6930-787: The Constitution of 1886, as it stood in 1990, stated that the Constitution could only be amended by a law (legislative act, or Acto Legislativo ) passed by Congress: ARTICULO 218. La Constitución, salvo lo que en materia de votación ella dispone en otros artículos, sólo podrá ser reformada por un Acto Legislativo, discutido primeramente y aprobado por el Congreso en sus sesiones ordinarias; publicado por el Gobierno, para su examen definitivo en la siguiente legislatura ordinaria; por ésta nuevamente debatido, y, últimamente, aprobado por la mayoría absoluta de los individuos que componen cada Cámara. Si el Gobierno no publicare oportunamente el proyecto de Acto Legislativo, lo hará el Presidente del Congreso. ARTICLE 218. The Constitution, [...] may only be amended by
7056-424: The Constitution, from article 103 onwards. In the 1886 constitution, sovereignty was said to reside "essentially and exclusively" in the Nation. Article 4 establishes the Constitution as the supreme law of the country, the supremacy of the Constitution in case of incompatibility with any law and citizens' and resident foreigners' obligation to abide by the Constitution and the laws. According to Article 6, each person
7182-605: The EPL cautiously welcomed some aspects of the decree but sought modifications in certain areas. Decree 1926 was brought to the Supreme Court by several plaintiffs. The decree's advocates argued that it pertained to the organization of an electoral event and claimed that the Nation , the source of sovereignty under article 2 of the 1886 constitution, could exercise its constituent power notwithstanding articles 218 and 13. Critics of
7308-654: The Equatoguinean education system and is the primary language used in government and business. Whereas it is not the mother tongue of virtually any of its speakers, the vast majority of the population is proficient in Spanish. The Instituto Cervantes estimates that 87.7% of the population is fluent in Spanish. The proportion of proficient Spanish speakers in Equatorial Guinea exceeds the proportion of proficient speakers in other West and Central African nations of their respective colonial languages. Spanish
7434-705: The Iberian Peninsula. These languages included Proto-Basque , Iberian , Lusitanian , Celtiberian and Gallaecian . The first documents to show traces of what is today regarded as the precursor of modern Spanish are from the 9th century. Throughout the Middle Ages and into the modern era , the most important influences on the Spanish lexicon came from neighboring Romance languages — Mozarabic ( Andalusi Romance ), Navarro-Aragonese , Leonese , Catalan/Valencian , Portuguese , Galician , Occitan , and later, French and Italian . Spanish also borrowed
7560-493: The Liberal Party elected the most members, at 25, with over 31% of the popular vote. The most successful of the various Liberal lists was led by Horacio Serpa and won 138,662 and 3 seats. The government appointed four non-voting members from demobilized guerrilla groups - two from the EPL, and one apiece from the PRT and MAQL. During the assembly, the MSN and AD M-19 demanded that the Congress elected in March 1990 be recalled and that
7686-697: The Liberal party and the two rival factions of the Conservative party. The parliamentary left was excluded from the talks, but they nevertheless welcomed decree 927. On the other hand, the decree was criticized by the Movimiento Estudiantil por la Constituyente (Student Movement for the Constituent), a rival of the Todavía podemos salvar a Colombia student movement, this one largely led by students from public universities. They criticized
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#17327652474987812-732: The National Front, were approved by a national plebiscite in 1957. However, the text approved by voters in the 1957 plebiscite reiterated that any future constitutional amendments could only be passed by Congress in the manner prescribed by article 218. Article 13 of the Legislative Decree 0247 of 1957 ( Decreto Legislativo Numero 0247 de 1957 ) read: ARTICULO 13. En adelante las reformas constitucionales sólo podrán hacerse por el Congreso, en la forma establecida por el artículo 218 de la Constitución. ARTICLE 13. Henceforth constitutional reforms may only be passed by Congress, in
7938-540: The Old Spanish sibilants) for details. The Gramática de la lengua castellana , written in Salamanca in 1492 by Elio Antonio de Nebrija , was the first grammar written for a modern European language. According to a popular anecdote, when Nebrija presented it to Queen Isabella I , she asked him what was the use of such a work, and he answered that language is the instrument of empire. In his introduction to
8064-597: The Spanish-speaking world, Spanish is called not only español but also castellano (Castilian), the language from the Kingdom of Castile , contrasting it with other languages spoken in Spain such as Galician , Basque , Asturian , Catalan/Valencian , Aragonese , Occitan and other minor languages. The Spanish Constitution of 1978 uses the term castellano to define the official language of
8190-502: The U.S. population were of Hispanic or Hispanic American by origin. In turn, 41.8 million people in the United States aged five or older speak Spanish at home, or about 13% of the population. Spanish predominates in the unincorporated territory of Puerto Rico , where it is also an official language along with English. Spanish is by far the most common second language in the country, with over 50 million total speakers if non-native or second-language speakers are included. While English
8316-399: The administration of Ferdinand Marcos two months later. It remained an official language until the ratification of the present constitution in 1987, in which it was re-designated as a voluntary and optional auxiliary language. Additionally, the constitution, in its Article XIV, stipulates that the Government shall provide the people of the Philippines with a Spanish-language translation of
8442-410: The administration of justice, public prosecutions and the process of judicial review by the Supreme Court. Following a tortuous court challenge, the Supreme Court rendered a controversial ruling on the constitutional amendments in November 1981, striking down the entire project because of procedural defects in the legislative procedure. In 1986, faced with the urgency of presenting some tangible proof of
8568-431: The agreement, it was criticized by the director of El Espectador who denounced the heavy participation of Congress in the future assembly and the limited room for citizens' input. Others - such as the pro-constituent assembly groups on the left - blasted the fairly rigid eligibility conditions and the exclusion of students, guerrillas, social leaders and indigenous peoples. These left-wing groups organized demonstrations for
8694-540: The agreement/decree, the referendum for and parallel election of a constitutional assembly would be held on December 9, 1990 and the assembly would convene a period of 150 days beginning on February 5, 1991. The assembly would be composed of 70 members elected in a single multi-member national constituency, with a minimum of two additional seats reserved for non-voting delegates from demobilized guerrilla groups. Only citizens who had held high political office, had been university professors for at least three years or had worked in
8820-416: The also liberal Luis Carlos Galán . In the late 1980s, Colombia was facing a period of unprecedented violence. Although political violence had been commonplace in the country's history since the 19th century, and Colombia had been embroiled in an armed conflict primarily against guerrilla groups since the 1960s, in the 1980s the list of actors involved in the armed conflict became increasingly complex and
8946-421: The assembly were Alvaro Gómez Hurtado (MSN), Horacio Serpa (Liberal) and Antonio Navarro Wolff (AD M-19). The 1991 Constitution of Colombia was promulgated on July 7, 1991. In Article 1, Colombia is defined as a "social state under the rule of law ", or estado social de derecho , organized as a "decentralized unitary republic, with autonomy of its territorial units." It cites other fundamental principles defining
9072-448: The assembly, although 10 members of Congress would also be allowed to present their projects. The list of topics on the agenda included reforms to Congress, the legislative process, the judiciary , public prosecutions, public administration, human rights, local government, the status of political parties , popular participation, the state of siege and economic matters. While former President Carlos Lleras Restrepo and El Tiempo praised
9198-403: The basis of the agenda, preparatory commissions made up of experts, social and political leaders would hold debates and public hearings. An advisory commission to the presidency, with six members appointed by the president, would be tasked with drawing up the final draft and submitting it to the assembly. The agreement gave the government the initiative for presenting projects to the deliberation of
9324-628: The bombing of the DAS headquarters on December 6 causing the death of 70 people. In 1990, two other presidential candidates were assassinated - Bernardo Jaramillo of the Patriotic Union (UP) was killed March 22, 1990, and Carlos Pizarro of the AD M-19 was shot on April 26, 1990. The August 1989 assassination of Luis Carlos Galán, who was the early favourite to win the 1990 elections, shocked public opinion in Colombia and led, seven days later, to
9450-684: The classic hispanus or hispanicus took the suffix -one from Vulgar Latin , as happened with other words such as bretón (Breton) or sajón (Saxon). Like the other Romance languages , the Spanish language evolved from Vulgar Latin , which was brought to the Iberian Peninsula by the Romans during the Second Punic War , beginning in 210 BC. Several pre-Roman languages (also called Paleohispanic languages )—some distantly related to Latin as Indo-European languages , and some that are not related at all—were previously spoken in
9576-414: The conclusions of a 1988 government report prepared by Manuel José Cepeda, the son of then-communications minister Fernando Cepeda, for President Barco. Based on a detailed analysis of the constitutional jurisprudence of the Supreme Court, Cepeda had concluded that the 1886 constitution could be reformed through a plebiscite or constituent assembly, as long as it was convened by the people. On March 1, 1990,
9702-450: The conservative National Salvation Movement (MSN), initially opposed constitutional reform. The strongest support for the séptima papeleta came from the legal left-wing parties, the UP and the new AD M-19. The FARC, for their part, proposed an entirely new constitution written by a constituent assembly, which would be convened by a plebiscite. The idea of the séptima papeleta was similar to
9828-500: The consonant written b (a bilabial with plosive and fricative allophones). In modern Spanish, there is no difference between the pronunciation of orthographic b and v . Typical of Spanish (as also of neighboring Gascon extending as far north as the Gironde estuary , and found in a small area of Calabria ), attributed by some scholars to a Basque substratum was the mutation of Latin initial f into h- whenever it
9954-530: The constitution only as it pertained to departmental/municipal administration and the judiciary (courts, public prosecution, constitutional jurisdiction). On May 5, 1978, the Supreme Court of Justice ruled the project unconstitutional. In its verdict, the court argued that Congress' power to amend the constitution under article 218 was an exclusive power which it could not delegate. In December 1979, Congress approved President Julio César Turbay 's constitutional reform initiative. The reform made substantial changes to
10080-805: The constitutional text that will govern their destiny, it is not and cannot be subject to the legal regulations which precede its decision." The 1987 decision had also called the 'primary constituent act' "the expression of the highest political will", free from any judicial limitations. Summarizing its opinion, the majority wrote: En pocas pero trascendentes palabras, el Poder Constituyente Primario, representa una potencia moral y política de última instancia, capaz, aun en las horas de mayor tiniebla, de fijar el curso histórico del Estado, insurgiendo como tal con toda su esencia y vigor creativos. Por esto mismo, sabe abrir canales obstruidos de expresión, o establecer los que le han sido negados, o, en fin, convertir en eficaz un sistema inidoneo que, por factores diversos, ha llegado
10206-404: The country's constitution. In recent years changing attitudes among non-Spanish speaking Filipinos have helped spur a revival of the language, and starting in 2009 Spanish was reintroduced as part of the basic education curriculum in a number of public high schools, becoming the largest foreign language program offered by the public school system, with over 7,000 students studying the language in
10332-529: The country's existing political institutions were seen as broken in the face of the wave of extreme violence. 1989 witnessed the assassination of 12 judicial officers, the assassination of Liberal presidential candidate Luis Carlos Galán on August 18 in Soacha , the bombing of the El Espectador newspaper's offices in Bogotá on September 2, the in-flight explosion of Avianca Flight 203 on November 27 and
10458-410: The country. El Tiempo , Colombia's largest newspaper, enthusiastically supported the movement and later provided some of the material support necessary to print the ballots. Liberal presidential candidate César Gaviria supported the idea and was the first presidential contender to speak about it publicly. Former President López Michelsen supported the idea, and further proposed that the government issue
10584-477: The creator of the concept of the estado social de derecho , formulated in the 1930s in the face of the perceived limitations of the Rechtsstaat to make the principle of equality a reality. The new definition of the Colombian State meant that the State transcended its traditional role as an administrator to serve and guarantee the country's development. The Colombian constitution, under its second title, lists
10710-416: The decree (as it was a 'political act') or rule it unconstitutional. On October 9, in sentence number 138, the Supreme Court of Justice narrowly ruled decree 1926 to be constitutional with specific exceptions. The ruling created deeper divisions between the judges than their May ruling on decree 927, ultimately being approved with 15 votes in favour and 12 dissents ( salvamentos de voto ). The court found that
10836-649: The decree violated article 218 were based on false assumptions on the real scope of the decree. The vote went ahead on May 27, and the affirmative option in favour of a constitutional assembly carried over 95% of the votes cast, although only 43% of voters participated. Liberal candidate César Gaviria was elected president on the same day as the vote on the constitutional assembly was held. Gaviria had served as interior minister in Barco's government, actively involved in constitutional affairs. Although Colombian voters - those who participated - had overwhelmingly voted in favour of
10962-434: The decree, taken in its entirety, had sufficient connections to the state of siege, for reasons similar to those presented in its May 24 ruling on decree 927. Considering article 218, the majority opined that the judge needed to consider the social reality (an argument already made in their May ruling), specifically looking to societal values and reflecting on the usefulness of legal norms to certain purposes deemed valuable to
11088-426: The decree, the court's record stated, hit it from several angles - those who claimed the anticipated reforms were elitist and limited in scope; and those who claimed that the decree was unconstitutional as it violated articles 218 and 13 (they also rejected preeminence could be established between articles 2 and 218). As with decree 927, the public ministry opined that the court should either inhibit itself from ruling on
11214-451: The election. On May 3, 1990, President Barco issued Decree 927, ordering the electoral authorities to count the votes for an official (but non-binding) vote convening a constitutional assembly, to be held alongside the May 27 presidential election . The decree claimed that intensified violence had created "a popular clamour for institutions to be strengthened". It made reference to the success of
11340-460: The end, make efficient a system, which, for various reasons, had come to lose vitality and acceptance. Based on these arguments, the court ruled that the agenda set by the political agreement was unconstitutional as it placed undue limits on the powers of the primary constituent. The court's sentence removed, from the December 9 referendum question, any reference to limits imposed on the assembly by
11466-415: The first to use the term séptima papeleta and explaining the objectives of his idea. Carrillo argued that the unofficial vote would "create a political fact" and "set the record that public opinion wants a constituent assembly", while the expression of popular sovereignty would keep the courts from invalidating it. Carrillo's idea immediately received substantial support from the political and media elites of
11592-683: The following table: Spanish is marked by palatalization of the Latin double consonants ( geminates ) nn and ll (thus Latin annum > Spanish año , and Latin anellum > Spanish anillo ). The consonant written u or v in Latin and pronounced [w] in Classical Latin had probably " fortified " to a bilabial fricative /β/ in Vulgar Latin. In early Spanish (but not in Catalan or Portuguese) it merged with
11718-521: The formation of a constituent assembly . In 1989, the movement had gathered over 30,000 signatures for an unsuccessful petition asking the president to convene a plebiscite to reform the constitution. Some months later, the students promoted the so-called séptima papeleta , or 'seventh ballot paper', as an unofficial plebiscite for a constituent assembly to be held alongside the March 1990 legislative election . The name séptima papeleta meant to indicate that
11844-466: The former British colony of Belize (known until 1973 as British Honduras ) where English is the sole official language, according to the 2022 census, 54% of the total population are able to speak the language. Due to its proximity to Spanish-speaking countries and small existing native Spanish speaking minority, Trinidad and Tobago has implemented Spanish language teaching into its education system. The Trinidadian and Tobagonian government launched
11970-444: The government itself in December 1988, after a group of congressmen had tried to add a question banning extradition . Meanwhile, Barco's policy of national reconciliation had been successful - four guerrilla groups demobilized between 1989 and 1990. The M-19 was the first group to accept the government's offer to dialogue in 1988, culminating in the movement surrendering their weapons in March 1990. The M-19's demobilized members became
12096-604: The grammar, dated 18 August 1492, Nebrija wrote that "... language was always the companion of empire." From the 16th century onwards, the language was taken to the Spanish-discovered America and the Spanish East Indies via Spanish colonization of America . Miguel de Cervantes , author of Don Quixote , is such a well-known reference in the world that Spanish is often called la lengua de Cervantes ("the language of Cervantes"). In
12222-540: The language is also known as Castilian ( castellano ). The group evolved from several dialects of Vulgar Latin in Iberia after the collapse of the Western Roman Empire in the 5th century. The oldest Latin texts with traces of Spanish come from mid-northern Iberia in the 9th century, and the first systematic written use of the language happened in Toledo , a prominent city of the Kingdom of Castile , in
12348-549: The language's hegemony in an intensely centralising Spanish state were established from the 18th century onward. Other European territories in which it is also widely spoken include Gibraltar and Andorra . Spanish is also spoken by immigrant communities in other European countries, such as the United Kingdom , France , Italy , and Germany . Spanish is an official language of the European Union . Today,
12474-490: The major political parties and their leaders. In July 1990, Gaviria sent his draft proposal for a constitutional assembly to the largest political parties. His proposal planned for a small assembly, a rigid predetermined agenda and with guerrilla participation limited to those groups who had demobilized. Gaviria's draft was rejected by the guerrilla groups, smaller legal left-wing parties, the umbrella organization of pro-constituent assembly movements and even Todavía podemos salvar
12600-694: The majority of the Spanish speakers live in Hispanic America . Nationally, Spanish is the official language—either de facto or de jure —of Argentina , Bolivia (co-official with 36 indigenous languages), Chile , Colombia , Costa Rica , Cuba , Dominican Republic , Ecuador , El Salvador , Guatemala , Honduras , Mexico (co-official with 63 indigenous languages), Nicaragua , Panama , Paraguay (co-official with Guaraní ), Peru (co-official with Quechua , Aymara , and "the other indigenous languages"), Puerto Rico (co-official with English), Uruguay , and Venezuela . Spanish language has
12726-558: The manner prescribed by Article 218 of the Constitution Notwithstanding these legal difficulties, several presidents beginning attempted to reform parts of the constitution, but most saw their efforts rebuffed by the Supreme Court of Justice or political complications. In 1977, under President Alfonso López Michelsen , Congress passed a constitutional amendment convening a constitutional assembly to amend
12852-401: The measures it provided and that it violated article 218 of the constitution (as well as article 13 of the 1957 plebiscite). In the opinion of the public ministry, there was no relationship between the state of siege and the measures provided by the decree, given that the state of siege only allowed for measures to maintain , not change the institutional order. The legality of non-binding votes
12978-531: The mentioned decree would necessarily lead to the desired peace, the Court cannot close this possibility. Among its other considerations, the court emphasized the notions of sovereignty , popular sovereignty and the idea of the 'primary constituent' ( constituyente primario ), that is to say the Colombian nation (or people). The court's ruling declared that the 'primary constituent' can, at any time, give itself
13104-734: The northwest of the African mainland. The Spanish spoken in the Canary Islands traces its origins back to the Castilian conquest in the 15th century , and, in addition to a resemblance to Western Andalusian speech patterns, it also features strong influence from the Spanish varieties spoken in the Americas, which in turn have also been influenced historically by Canarian Spanish. The Spanish spoken in North Africa by native bilingual speakers of Arabic or Berber who also speak Spanish as
13230-455: The organization of a "process of institutional readjustment" - the creation of a constituent body, originating in Congress, which would submit a proposal for constitutional reform to Congress. The process was suddenly halted by the Council of State 's ruling on April 4, 1988, which declared it to be unconstitutional. A later attempt to resuscitate the original idea of a plebiscite was rejected by
13356-640: The organization of the State's political institutions) only acquired meaning and rationale as the implementation and application of the rights and principles enshrined in its 'dogmatic part'. Article 2 lists the essential goals of the State: "serve the community, promote the general welfare, guaranteeing the effectiveness of the principles, rights, and duties stipulated by the Constitution;" facilitating popular participation in decisions of national importance, defending national independence, maintaining territorial integrity, and ensure peaceful coexistence and enforcement of
13482-654: The other hand, currently uses the term español in its publications. However, from 1713 to 1923, it called the language castellano . The Diccionario panhispánico de dudas (a language guide published by the Royal Spanish Academy) states that, although the Royal Spanish Academy prefers to use the term español in its publications when referring to the Spanish language, both terms— español and castellano —are regarded as synonymous and equally valid. The term castellano
13608-413: The popular movement in favour of constitutional reform. In the Supreme Court's opinion, the decree did not entail any constitutional reform, plebiscite or referendum - it merely gave the 'legal possibility' for counting votes on the possibility of convening a constitutional assembly. Therefore, the judges could not comment on the possibility of convening a constitutional assembly, and wrote that claims that
13734-533: The population. Many northern Moroccans have rudimentary knowledge of Spanish, with Spanish being particularly significant in areas adjacent to Ceuta and Melilla. Spanish also has a presence in the education system of the country (through either selected education centers implementing Spain's education system, primarily located in the North, or the availability of Spanish as foreign language subject in secondary education). In Western Sahara , formerly Spanish Sahara ,
13860-461: The reform programme of the military junta was held in Colombia on 1 December 1957. Women were given the vote for the first time, and the programme was approved by 95% of voters. After a coup d'état on 10 May 1957, the ruling military junta issued decree 0247, calling for a referendum on constitutional reforms and the election of a Constitutional Council on 16 March 1958, as well as allowing
13986-645: The society. The court made reference to peace, a value explicitly mentioned in the preamble of the 1886 constitution. In summary, the court declared that it was insufficient to consider only article 218 (and 13) in ruling on decree 1926's constitutionality: Así pues, tanto por razones filosóficas como jurisprudenciales, para definir si el Decreto 1926 de 24 de agosto de 1990 es constitucional no basta compararlo con los artículos 218 de la Constitución y 13 del plebiscito del 1° de diciembre de 1957 si no tener en cuenta su virtualidad para alcanzar la paz. Aunque es imposible asegurar que el mencionado decreto llevara necesariamente
14112-524: The strict application of the National Front ended with the 1974 election, the power-sharing aspects of the system were dismantled only gradually - only in 1986 did President Virgilio Barco form a single-party Liberal government, after the Conservatives had rejected his offer of three ministries in his administration. A series of assassinations and terrorist attacks in 1988 and 1989 increased popular demands for political and constitutional reform, as
14238-537: The term español (Spanish). According to the Royal Spanish Academy, español derives from the Occitan word espaignol and that, in turn, derives from the Vulgar Latin * hispaniolus ('of Hispania'). Hispania was the Roman name for the entire Iberian Peninsula . There are other hypotheses apart from the one suggested by the Royal Spanish Academy. Spanish philologist Ramón Menéndez Pidal suggested that
14364-444: The theories of Ramón Menéndez Pidal , local sociolects of Vulgar Latin evolved into Spanish, in the north of Iberia, in an area centered in the city of Burgos , and this dialect was later brought to the city of Toledo , where the written standard of Spanish was first developed, in the 13th century. In this formative stage, Spanish developed a strongly differing variant from its close cousin, Leonese , and, according to some authors,
14490-640: The third most used language on the Internet , after English and Chinese. Spanish is the official language of Spain . Upon the emergence of the Castilian Crown as the dominant power in the Iberian Peninsula by the end of the Middle Ages, the Romance vernacular associated with this polity became increasingly used in instances of prestige and influence, and the distinction between "Castilian" and "Spanish" started to become blurred. Hard policies imposing
14616-552: The unofficial ballot for a constituent assembly would be in addition to the six other official ballot papers ( senators , representatives , departmental assemblies , mayors, municipal councils and the Liberal presidential primary). The séptima papeleta was the brainchild of Fernando Carillo, a young Harvard graduate and constitutional lawyer, who at the time was teaching law in Bogotá's three main private universities. In February 1990, Carrillo published an article in El Tiempo ,
14742-407: The use of the term 'constitutional assembly' rather than 'constituent assembly', fearing that the former was a way for Liberal party 'barons' to seize control of the process. Several Conservative politicians likewise criticized this aspect. The decree was challenged in court, with its opponents claiming that there was no relationship between the state of siege under which the decree was proclaimed and
14868-714: The violence took on new forms. The conflict now involved new guerrilla movements, paramilitary groups and violent drug cartels (most famously the Medellín Cartel of Pablo Escobar ). Politically, the National Front arrangement (1958–1974) between Colombia's two dominant parties, the Conservatives and the Liberals was widely seen as delegitimizing the political system by severely limiting third parties and other movements' political participation. Although
14994-533: The whole of Spain, in contrast to las demás lenguas españolas (lit. "the other Spanish languages "). Article III reads as follows: El castellano es la lengua española oficial del Estado. ... Las demás lenguas españolas serán también oficiales en las respectivas Comunidades Autónomas... Castilian is the official Spanish language of the State. ... The other Spanish languages shall also be official in their respective Autonomous Communities... The Royal Spanish Academy ( Real Academia Española ), on
15120-638: The world. Spanish is well represented in the humanities and social sciences . Spanish is also the third most used language on the internet by number of users after English and Chinese and the second most used language by number of websites after English. Spanish is used as an official language by many international organizations , including the United Nations , European Union , Organization of American States , Union of South American Nations , Community of Latin American and Caribbean States , African Union , among others. In Spain and some other parts of
15246-402: Was also questioned. The Supreme Court, through sentence 59 of May 24, 1990, ruled the decree to be constitutional. Arguing that the country's political institutions had lost their effectiveness and become unsuitable in the face of greater violence, their 'redesign' was clearly necessary. The court argued that constitutional judges must take heed of the social reality, and made several references to
15372-429: Was carried with an overwhelming majority, with nearly 98% in favour of convening the assembly. 116 lists or candidates ran for 70 seats in the constitutional assembly. The Liberal Party alone accounted for 49 of these lists, having decided to run several separate lists - unlike the other parties - to take advantage of electoral rules. Voters cast their votes for a single/list candidate, with the seats then attributed using
15498-634: Was developed in the cities of Toledo , in the 13th to 16th centuries, and Madrid , from the 1570s. The development of the Spanish sound system from that of Vulgar Latin exhibits most of the changes that are typical of Western Romance languages , including lenition of intervocalic consonants (thus Latin vīta > Spanish vida ). The diphthongization of Latin stressed short e and o —which occurred in open syllables in French and Italian, but not at all in Catalan or Portuguese—is found in both open and closed syllables in Spanish, as shown in
15624-622: Was distinguished by a heavy Basque influence (see Iberian Romance languages ). This distinctive dialect spread to southern Spain with the advance of the Reconquista , and meanwhile gathered a sizable lexical influence from the Arabic of Al-Andalus , much of it indirectly, through the Romance Mozarabic dialects (some 4,000 Arabic -derived words, make up around 8% of the language today). The written standard for this new language
15750-713: Was followed by a vowel that did not diphthongize. The h- , still preserved in spelling, is now silent in most varieties of the language, although in some Andalusian and Caribbean dialects, it is still aspirated in some words. Because of borrowings from Latin and neighboring Romance languages, there are many f -/ h - doublets in modern Spanish: Fernando and Hernando (both Spanish for "Ferdinand"), ferrero and herrero (both Spanish for "smith"), fierro and hierro (both Spanish for "iron"), and fondo and hondo (both words pertaining to depth in Spanish, though fondo means "bottom", while hondo means "deep"); additionally, hacer ("to make")
15876-462: Was revoked by Michel Temer after the impeachment of Dilma Rousseff . In many border towns and villages along Paraguay and Uruguay, a mixed language known as Portuñol is spoken. Equatorial Guinea is the only Spanish-speaking country located entirely in Africa, with the language introduced during the Spanish colonial period . Enshrined in the constitution as an official language (alongside French and Portuguese), Spanish features prominently in
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