Evolution of the Colombian Judiciary and the Constitutional Court
![handle is hein.journals/iicl6 and id is 71 raw text is: EvoLUTION OF THE COLOMBIAN JUDICIARY
AND THE CONSTITrIONAL COURT
Luz Estella Nagle*
Colombians, guns have given you independence, laws will give you freedom.
-Francisco de Paula Santander'
I. INTRODUCTION
In 1991, Colombia enacted a new constitution, the thirteenth since
Colombia gained independence from Spain. Among many significant changes
found in the Constitution is an article establishing a new composition of the
country's high courts. Not only has the Supreme Court assumed new
responsibilities as the highest court of ordinary law, but a new Constitutional
Court was established to decide all constitutional law issues brought before it.
Since its creation, the Constitutional Court has been at the center of
controversy, due mainly to decisions it has handed down involving issues of
personal rights and freedom of expression. Last spring, the Court declared that
any prohibition on one's personal use of cocaine, marijuana, and other drugs went
* Law Clerk, Supreme Court of Virginia; J.D., Marshall-Wythe School of Law, College
of William and Mary; LL.D., Universidad Pontificia Bolivariana, Medeilfn, Colombia; LL.M.,
UCLA School of Law; M.A., UCLA. The author wishes to thank Professor Charles Koch of the
Marshall-Wythe School of Law, whose critical suggestions, insight, and encouragement were
invaluable throughout the research and writing of this article.
1. Known as the Law Giver, Santander (1792-1840) fought beside Sim6n Bolfvar
in the war for independence and was president of the newly formed Gran Colombia in 1833-37.
VIII ENCYCLOPAEDIA BRITANNICA 881 (1976). This proclamation was first published in Jose
Fkux BLANCO AND RAm6N AzPUROIA, DoCuMFNTos PARA LA HISTORIA DE LA VIDA PUBLICA DEL
LiBERTADOR (Caracas: La Opini6n Nacional, 1876), t. 8, pp. 223-224, and reprinted in Luis
HORACOiLOPE.Z D., ED., A Los COLOMBIANOS: PROCLAMAS Y DiscuRsos 1812-1840 (BogotA,
Biblioteca de la Presidencia de la Republica, 1988), p. 152. The full proclamation reads:
Colombianos: Apenas hemos echado la semilla del bien en una tierra f6rtil, que
empapada de la sangre de muchos hdroes, ofrece abundante fruto. Mas no es esto
obra de un s6lo dia; s6lo el tiempo y vuestras virtudes os lo pueden proporcionar.
Las armas os han dado independencia, las leyes os darAn libertad. Palacio de
gobierno en BogotA, a 2 de deciembre de 1821 11*.
[Colombians: Scarcely we have planted a righteous seed in a fertile land that,
soaked in the blood of many heroes, offers abundant fruit. However, it is not the
work of a single day; but what time and your virtues would furnish. Arms have
given you independence, laws will give you freedom.]
The quote is inscribed over the entrance to Colombia's Supreme Court. In 1985 the building was
destroyed by fire resulting from the Colombian army's inept assault to rescue the justices who
had been taken hostage by guerrillas of the leftist M- 19 movement. Most of the justices, court
officials and visiting lawyers were killed in the conflagration.](ViewImageLocal?handle=hein.journals/iicl6&div=10&collection=&method=preview&ext=.png&size=3)
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Evolution of the Colombian Judiciary and the Constitutional Court
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