Article 115 of the Colombian Constitution states that, “The President of the Republic is head of State, head of Government and supreme administrative authority.”
And in article 113 it establishes harmonious collaboration, regarding the balance of powers between the three branches of public power.
“They are Branches of Public Power, the legislative, the executive, and the judicial. In addition to the bodies that comprise them, there are others, autonomous and independent, for the fulfillment of the other functions of the State. The different organs of the State have separate functions, but they collaborate harmoniously for the realization of their purposes”.
Whoever knows legal interpretation, everything is very clear there. Even the mere grammatical reading is clear.
The State is the legal-political apparatus to organize society and contain it, it also composes our national identity.
Each State is formed with the territory where it is based (plus the sea, the airspace and its components); the nation (the people and their parts); institutions and sovereignty.
The head of state symbolizes national unity because he exercises representation, he is the visible head of the state before other nations.
Article 188 of the same Constitutional Charter says: “The President of the Republic symbolizes national unity and by swearing to comply with the Constitution and the laws, he undertakes to guarantee the rights and freedoms of all Colombians.”
The structure of the State has this composition, the governments are transitory, in our case a period of 4 years.
The head of the Government promotes it with his public policies (Development Plan), approved by Congress.
The Government moves the State and energizes it in that period that corresponds to it. After the four-year term, the State continues its existence with another head of the new government.
Being Head of State implies maintaining the unity of the state department in its entirety because article 1 of the Constitution also refers to the Unitary Republic. ARTICLE 1. “Colombia is a social State of law, organized in the form of a unitary, decentralized Republic, with autonomy of its territorial entities, democratic, participatory and pluralistic, founded on respect for human dignity, on work and the solidarity of the people who integrate it and in the prevalence of the general interest”. The Unity of the Nation and the institutions make up the unitary republic. It is not about an abstraction.
International relations are directed by the President, for which he composes the diplomatic corps, representing the entire Nation before the other States, acting through ambassadors and consuls.
The States are the acting subjects of international law to be able to carry out international relations, move international trade and activate the enforceable (Resolutions) issued within multilateral organizations.
Among the States, the countries are understood, they are not natural persons, they are the heads of State and heads of government, who do it in the spheres of presidentialism and parliamentarism, as systems.
Sovereignty resides in the people, but when the people elect a President, that sovereignty is deposited in the President to make international relations viable. If we isolate ourselves from the international concert, we remain submerged in autarky, that is, isolated and reduced to self-production. and for self-consumption. ARTICLE 3 . “Sovereignty resides exclusively in the people, from whom public power emanates. The people exercise it directly or through their representatives, in the terms established by the Constitution”.
Colombia exists within a Democracy, that is the system, the Republic is the form given to that Democracy, and presidentialism is the characterization (a tendency towards the preponderance of the executive branch since the 19th century, over the other two branches).
To make the State viable within the centralism that was incorporated since 1886, strengthening presidentialism, the Head of State rises above the state department, respecting the autonomies and delegations of the other powers.
Within federalism autonomy is greater, with resources and investments, and the functioning of the rule of law is fractured, however there is a president as Head of the Union, this is the case in federal states such as the US, Brazil, Argentina, Mexico and others.
According to Engels’ conception, societies in the face of contradictions became entangled, then, faced with the need to reconcile and coexist so as not to devour each other, they devised the State, placing it above society itself to “achieve order” and configure a form of organization .
The State is not only dispersed norms and institutions, it must contain the forms of government, and to govern it is necessary to prevent the destructuring of the State, in this way each branch of power subdivides its functions and acts with relative autonomy cooperating harmoniously without being absorbed by the other branch of power, but not until reaching the ignorance of the Head of State who embodies the unity of that legal-political-social section.
Hence the need for the rule of law to work, and the public force, to achieve operation and validity.
Comments