Historia Crítica

Hist. Crit. | eISSN 1900-6152 | ISSN 0121-1617

The Constitutionality of Conflict: The Legal System’s Role in Promoting Civil War in Nineteenth-Century Colombia

No. 35 (2008-01-01)
  • Marie-Laure Basilien-Gainche

Abstract

Nineteenth-century Colombia offers the opportunity to study the ways in which political actors made use of the law. In fact, the constitutions can be understood as the legal translation of military triumphs and shifts in power, and even as instigators of confrontation and conditions propitious for anarchy. The opposition between Conservatives and Liberals, manifest both on the battle field and in state institutions, were expressed in a series of constitutions. Thus, instead of establishing the rule of law, constitutions promoted political disorder.

Keywords: constitution, centralism, federalism, anarchy, nineteenth century, Colombia, law