Colombia’s Critical Juncture: The Communicative Origin of the 1991 Constitution

Abstract

It is said that the Constitutions of the nineteenth century Colombia were battle cards that appeased the military confrontation, but at the same time they contained the seed for the next confrontation. The 1991 Constitution breaks with that tradition, as it is not perceived as a battle card, but as a peace pact. Through a comparative politics methodology, this article contrasts the constitutional process of 1991 with other scenarios of deep institutional reconstruction to argue that what makes the 1991 Constitution different from those battle cards was the type of crisis that led to the constitution of the National Constituent Assembly, its origin in a popular movement committed to a communicative action and, lastly, its inclusive and deliberative character, in which groups traditionally marginalized were heard.