¿Que es una Ley en Colombia? Clases de leyes

Summary

This video explains the concept of laws in Colombia, according to the Colombian Civil Code. It covers different types of laws, including ordinary, statutory, and organic laws, highlighting their specific roles and approval processes. The video delves into the classification of laws, including the distinction between general laws and exceptional decrees, such as those issued during emergencies. It also discusses the requirements for the passage of statutory laws and the checks on their constitutionality. The video concludes by urging viewers to subscribe and share, helping the channel grow.

Takeaways

• 😀 Colombian law is defined as the declaration of the sovereign will, as outlined in the Constitution, with the purpose of mandating, allowing, prohibiting, or punishing certain actions.
• 😀 Laws in Colombia are divided into substantive laws (dealing with social coexistence) and procedural laws (focused on peaceful conflict resolution).
• 😀 Thomas Aquinas' classic definition of law as a rational precept aimed at the common good and promulgated by the authority responsible for the community is highlighted.
• 😀 Laws in Colombia are mandatory, general, permanent, and emanate from public power, reflecting the democratic, representative, and participatory nature of the country.
• 😀 The Colombian Constitution identifies two main groups of laws: ordinary laws and special laws.
• 😀 Ordinary laws, passed by the Congress, cover common issues like cultural heritage, such as laws related to the carriel (traditional Colombian bag).
• 😀 Special laws in Colombia include statutory laws, organic laws, and framework laws, each with specific purposes and regulatory scopes.
• 😀 Statutory laws in Colombia regulate fundamental rights, justice administration, political party organization, and citizen participation, requiring approval by the majority of Congress members.
• 😀 Organic laws aim to organize and define the mission and structure of state entities, including the Congress and budgeting regulations.
• 😀 Framework laws set general objectives and guidelines for the national government on specific matters like salary and pension policies for public employees.
• 😀 Decrees can be issued by the President of the Republic, either through regular or extraordinary powers, and are subject to constitutional review by the Constitutional Court.
• 😀 Extraordinary decrees or decree laws are issued under special circumstances, such as national emergencies, and are controlled by the Constitutional Court for constitutionality.
• 😀 Legislative decrees are issued by the government during exceptional states (like emergencies or war), and though not laws, they are still subject to automatic constitutional review.

Q & A

What is the definition of 'law' according to the Colombian Civil Code?

According to the Colombian Civil Code, a law is defined as a declaration of sovereign will, manifested in the form specified by the Constitution, with the authority to command, permit, prohibit, or punish. It is a rule of conduct focused on aspects that are essential for social coexistence and peaceful resolution.

What are the main types of laws in Colombia?

The main types of laws in Colombia are substantive laws and procedural laws. Substantive laws address issues of social coexistence, while procedural laws provide mechanisms for resolving disputes.

How does Thomas Aquinas define law in his 'Summa Theologica'?

Thomas Aquinas defines law as a rational precept directed towards the common good, promulgated by the authority responsible for the community's care.

What are the key characteristics of a law considered as a legal norm?

A law, considered as a legal norm, is obligatory, general, permanent, and emanates from public power, which is moderately democratic, representative, and participatory.

What are the two main groups of laws identified by the Colombian Constitution?

The Colombian Constitution identifies two main groups of laws: ordinary laws and special laws. Ordinary laws are commonly enacted by the Congress, while special laws include statutory laws, organic laws, and framework laws.

What is the role of statutory laws in Colombia, according to Article 152 of the Constitution?

Statutory laws in Colombia regulate fundamental rights and duties, the administration of justice, political party organization, electoral functions, citizen participation mechanisms, states of exception, and equality among presidential candidates.

What majority is required for the approval of statutory laws in Colombia?

Statutory laws require approval by an absolute majority of the members of Congress, which means the majority of votes from the legislative body in a single legislative session.

What is the purpose of organic laws in Colombia?

Organic laws in Colombia primarily aim to organize and define the structure and mission of state entities. They regulate Congress operations, the preparation and approval of the national budget, and establish competencies for territorial entities.

How are framework laws different from other laws in Colombia?

Framework laws are general regulations that establish the objectives and guidelines the government must follow to regulate specific matters. Unlike statutory and organic laws, they do not require an absolute majority in Congress, only a simple majority.

What are decretos extraordinarios (extraordinary decrees) in Colombia, and how are they issued?

Extraordinary decrees (decretos extraordinarios) are issued by the President of the Republic under the extraordinary powers granted by Congress or the Constitution. These decrees have the force of law when urgent or necessary for public interest.