Constitution

Colombia 1991 Constitution (reviewed 2015)

Table of Contents

TITLE XIII. On Constitutional Reform

Article 374

The Political Constitution may be reformed by Congress, a Constituent Assembly, or by the people through a referendum.

Article 375

The Government, 10 members of the Congress, 20 percent of councilors or deputies, or citizens totaling at least five percent of the electoral rolls in force may introduce legislative bills.

The bill shall be discussed in two ordinary and consecutive session periods. After having been approved in the first period by a majority of those present, the bill shall be published by the Government. In the second period, the approval shall require the vote of the majority of the members of each House.

In this second period only initiatives presented in the first period may be discussed.

Article 376

By means of an Act approved by the members of both Houses, Congress may direct that the voters participating in the popular balloting decide if a Constituent Assembly should be called with the jurisdiction, term, and makeup that the same law shall determine.

It is understood that the people shall convoke the Assembly, if they approve it by at least one-third of the electoral rolls.

The Assembly must be elected by the direct vote of the citizens through a balloting that may not overlap another. Beginning with the election, the ordinary powers of Congress shall remain suspense while the Constitution is being amended during the term stipulated so that the Assembly may fulfill its functions. The Assembly shall adopt its own rules of procedure.

Article 377

The constitutional reforms must be submitted to a referendum approved by Congress when referring to the rights recognized in Chapter I of Title II and to their guaranties, to the procedures of popular participation, or to Congress, if so requested, within the six months following the promulgation of the legislative act, by five percent of the citizens who make up the electoral rolls. The reform shall be understood to be defeated by a negative vote of the majority of the voters as long as at least one-fourth of those on the electoral rolls participate in the balloting.

Article 378

Upon the initiative of the government or the citizens under the terms of Article 155, Congress, through an Act which requires the approval of the majority of the members of both Houses, may submit to a referendum a bill of constitutional reform which the Congress shall incorporate into the Act. The referendum shall be presented in such a manner as to allow the voters to freely choose from the agenda or the various items that which they approve or disapprove.

The approval of constitutional reforms by means of a referendum mandates the affirmative vote of over half of the voters and that the number of these should exceed one-fourth of the total number of citizens included in the electoral rolls.

Article 379

The legislative acts, the convocation to the referendum, the popular consultation, or the act of convocation of the Constituent Assembly may be declared unconstitutional only when the requirements established in this title are violated.

Public measures against these acts may be taken only within one year following their promulgation with due regard to the provisions in Article 241, numeral 2.

Article 380

The Constitution, as amended and in force until this time, is hereby repealed.

This present Constitution is effective from the day of its promulgation.