Article 1

On Fundamental Principles

Official text

Colombia is a social state under the rule of law, organized in the form of a unitary republic, decentralized, with autonomy of its territorial units, democratic, participatory, and pluralistic, based on the respect of human dignity, the work and solidarity of the individuals who belong to it, and the prevalence of the general interest.

Legal commentary

Interpretation

This article defines Colombia as a 'social state under the rule of law' (Estado social de derecho), a concept borrowed from the German Basic Law (Grundgesetz). Unlike the US Constitution's limited government model, this formulation imposes affirmative duties on the state to ensure social welfare. Similar provisions exist in the Spanish Constitution (Art. 1.1) and the Brazilian Constitution (Art. 1). The Constitutional Court has interpreted this as requiring minimum conditions for dignified life.

Consulted sources

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