Hernando Valencia Villa es un jurista Colombiano graduado como Doctor en Ciencias Jurídicas de la Universidad de Yale. Allí comenzó con un largo camino en su carrera profesional obteniendo títulos como experto en Derecho Internacional de los Derechos Humanos y los Conflictos Armados, también obtuvo el título de experto en Justicia Penal Internacional y Justicia Transicional.
A nivel nacional fue fundador y miembro de la Asamblea de la Comisión Colombiana de Juristas, ha ocupado cargos jurídicos en instituciones internacionales como la OEA y la UNESCO sin dejar de lado la vocación de docente siéndolo en diferentes universidades.
Con motivo de obtener su doctorado, en el año 1987 nos presenta en su Tesis Doctoral Cartas de Batalla: Una crítica del Constitucionalismo Colombiano. Allí nos muestra el proceso constitucional interno, es decir, la formación del Estado en el siglo XIX, de una forma cronológica y con herramientas históricas y jurídicas analizándolo desde una posición llena de epistemología crítica evitando empirismos y basándose en lo intelectual y lo legal.
A pesar de todo este formalismo investigativo, Valencia pretendió pasar más allá de un balance histórico y una reflexión filosófica, a una crítica estructurada. Esta crítica busca solucionar la incógnita sobre cómo se presentó y formó el debate Constitucional en Colombia y cuáles son las características reales y no formales del constitucionalismo colombiano. También le interesa la verdad de afirmaciones como “la nación es el país más estable en términos constitucionales de América latina” y formar teorías alternativas del derecho en el país, replanteando la visión de Colombia para guiarla a una función de “ingeniería política”, como diría Valencia, a la ve...
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... especialistas y también para todos los colombianos que buscan acercarse a lo fundamental del país y descubrir la realidad oculta tras la tradición constituyente ya que este libro ayuda a analizar desde los múltiples contextos donde se presenta tanto orden y violencia, las múltiples reformas que han tenido las dieciséis constituciones en la historia de Colombia imprescindible para comprender las bases históricas de las enmiendas más actuales y su influencia en el aspecto político colombiano que se vive día a día.
“Construir el Estado antes de la Nación y sin la nación, y luego extraer la nación del Estado. Esto, a su vez, debía hacerse a través del discurso normativo, de acuerdo al legado de Santander.” – Hernando Valencia Villa p.171
Works Cited
Hernando Valencia Villa. Catedrático http://www.jcortazar.udg.mx/es/catedratico/hernando-valencia-villa
Models for post-revolutionary Latin American government are born of the complex economic and social realities of 17th and 18th century Europe. From the momentum of the Enlightenment came major political rebellions of the elite class against entrenched national monarchies and systems of power. Within this time period of elitist revolt and intensive political restructuring, the fundamental basis for both liberal and conservative ideology was driven deep into Latin American soil. However, as neither ideology sought to fulfill or even recognize the needs or rights of mestizo people under government rule, the initial liberal doctrine pervading Latin American nations perpetuated racism and economic exploitation, and paved the way for all-consuming, cultural wars in the centuries to come.
Through the study of the Peruvian society using articles like “The “Problem of the Indian...” and the Problem of the Land” by Jose Carlos Mariátegui and the Peruvian film La Boca del Lobo directed by Francisco Lombardi, it is learned that the identity of Peru is expressed through the Spanish descendants that live in cities or urban areas of Peru. In his essay, Mariátegui expresses that the creation of modern Peru was due to the tenure system in Peru and its Indigenous population. With the analyzation of La Boca del Lobo we will describe the native identity in Peru due to the Spanish treatment of Indians, power in the tenure system of Peru, the Indian Problem expressed by Mariátegui, and the implementation of Benedict Andersons “Imagined Communities”.
Time and rules have been transforming countries in many ways; especially, in the 1850’s and the 1920’s, when liberals were firmly in control across Latin American region. Liberalism can be defined as a dominant political philosophy in which almost every Latin American country was affected. A sense of progress over tradition, reason over faith, and free market over government control. Although each country was different, all liberals pursued similar policies. They emphasize on legal equality for all citizens, progress, free trade, anti-slavery, and removing power from church. Liberals declared promising changes for Latin American’s future. But Latin America had a stronger hierarchical society with more labor systems, nothing compare to the United States societies. Liberals weren’t good for Latin America. What I mean by “good” is the creation of a turning point or some type of contribution towards success. I define “good” as beneficial or helpful. The Latin American economy was stagnant between 1820 and 1850 because of independence wars, transportation and the recreation of facilities. I describe this era as, “the era when Latin America when off road”.
From the perspective of the United States, the U.S. was a keen backer, especially since the policy reinforced both U.S. domestic and foreign policy initiatives: war on drugs and security. Yet, United States foreign policy towards Colombia continues to be a topic of fiery dispute both among specialists in foreign policy and in Congress. During the deliberation over supporting Plan Colombia as a United States foreign policy initiative, a large number of Democrats in Congress were anxious that the U.S. was getting too ensnared in a foreign civil war that was more and more affecting Colombia’s neighboring nations as well. Previous human rights violations by the Army of Colombia and paramilitaries were a source of trepidation for the United States. However, the U.S. ultimately supported the government of Colombi...
Walker, Thomas W and Armony, Ariel C. Repression, Resistance, and Democratic Transition in Latin America. Scholarly Resources Incorporated, 2000. Wilmington, Delaware.
Following the wars of Independence, in the early 1800’s, Latin American countries adopted a representative form of government based on a constitution. Newly independent countries weren’t immediately full-on democracies, so citizens weren’t yet given full rights. Suffrage was limited to free men who owned a certain amount of property or engaged in specific occupations. Only 5 to 10% of the population was eligible to vote and participate in the government due to anarchist, socialist, and communist parties that overruled in some countries. However, revolutions in many countries began, in which many of them were initiated because citizens longed for more rights. In the 1900’s, within an eighty-year period, the rights for humans in Latin America were a part of many movements and society overall. Universal suffrage was a phenomenon. Many different philosophers and rulers contributed different perspectives in relation to rights of the individual over this course of time. Specific historic events influenced ways in which people were deemed equal or represented. Movements of ethnic and cultural pride, involving political figures were of great importance. The involvement of other countries also significantly impacted human progression in Latin America, setting a precedent that countries in Latin American would later replicate.
Throughout the history of Latin American countries, like Peru there has been dramatic change in the overall way of life. These changes are largely due to external influences on the international level such as the Spanish conquest of Andean territories. However no matter whether the process of change was political, economic, social or cultural, they all have similarities and are interconnected. These different types of change are closely intertwined and influence one another while linking the local level of life with foreign (on an (inter)national level) events and forces. Also along with these changes, some aspects of indigenous life remain stable and continue throughout these external influences. In this essay I will discuss continuity and change with regard to some specific institutions or practice prominent in village life. Then I will explain how change and continuity are related to the widespread decline of quality of life and mestizaje in most indigenous communities.
Colombian citizens experience and live through the good and bad things Pablo does, when Americans only hear about the negative actions Escobar commits. Hearing versus seeing plays a vital role in the difference of perspectives between the Colombians and Americans. In the United States, only hearing about Pablo Escobar leads to confusion among different people as “For what, exactly, isn’t easy to understand without knowing Colombia and his life and times” (15). American civilians not knowing personally know why they hate Escobar reflects poorly on the United States. The media does not inform the general public about all the great and generous things Escobar accomplishes for Colombia, and only publishes the stories of his cartel killing innocent people. From the perspective of Colombians, they only know Escobar as a hero of Colombia as “At his death, Pablo was mourned by thousands. Crowds rioted when his casket was carried into the streets of his home city of Medellin” (15). Colombians create a national mourning day for Escobar after his death, when the Americans celebrate their success in killing him. This represents the difference in opinion of Escobar between the two countries. Pablo made promises and he conqueres them; he said he would end poverty as he provided education and housing to the poorest people inside of Colombia. On the other hand,
Republic of Colombia Constitutional Court, Sentence # c-239/97, Ref. Expedient # D-1490, May 20, 1997.
As the Latin American nations set out to construct a new government and society in the 1800´s, two opposing models aroused regarding which one would best benefit the countries. ¨Civilization vs. Barbarism¨ by Domingo Sarmiento, a recognized Argentinean revolutionary, contrasts Jose Marti´s ¨Our America¨ ideology which critiques U.S. capitalism and focuses on developing a good government based on the needs of the nations and each nation´s autochthony. Contrastingly, Sarmiento, guided by his beliefs in democratic principles, declares his preference towards the European urbanized way of life as the key to progress and stability for the nations. Despite the differences in the models proposed by Marti and Sarmiento for the New Nations to follow,
Fast track to the 1800’s when we see many problems result from important happenings such as the peninsular war, which occurred from 1807-1814, the Spanish American wars of independence where Spain lost a significant amount of its colonies in the Americas in early 19th century. But lastly three Carlist wars that dated from 1832 all the way to 1876 had effect a new interpretation of Spain’...
The paper traces Escobar's life from humble peasant beginnings to powerful cocaine drug dealer and kingpin. The paper discusses the sound financial decisions Escobar made as well as the way he invested in legitimate projects using the funds he gained illegally. The paper explores the influence Escobar had and the way he worked, ultimately unsuccessfully, to establish a no-extradition clause into the Colombian constitution.
Afterwards, he moves to describe the revolution against Spain, which began with the Comuneros Revolt of 1781 and ended with a variety of strategic battles on behalf of Simon Bolivar. The last chapter then turns to the creation of Gran Colombia, which could only be sustained until 1830. Although he does cover some great information there are some missing pieces, as he seems to focus on elites. Also, a large part of his references are secondary sources; this can still be helpful for finding other primary sources. This monograph will be very useful as hits many of the key points, providing an outlines for some aspects of my paper. It was also really helpful in showing what is missing, such as with regard to newspapers, science, and
Simon Bolivar was proclaimed “Liberator” by his own people and a world-renowned figure in his day. His prophetic vision of hemispheric solidarity lives today, and his political thinking serves dictators and democrat alike in contemporary Latin America. This paper explores the impact the days of colonialism and revolution, in which treatment of Creoles was inferior to Peninsulares (Spaniards born in Spain). And this was a long-standing cause of frustration and resentment that contributed to the desire for independence from Spain. In addition, this paper analyzes some facts of one of the greatest minds of the 18th century “Simon Bolivar”. There is abundant evidence that Bolivar worked extensively to create a system that would preserve unity and stability through a powerful, centralized government while retaining as much individual liberty as possible; but his efforts were exhausting and fruitless. However, even today (after 200 years) his contribution had been to promote the idea of independence among Spanish-American leaders. Simon Jose Antonio de la Santisima Trinidad Bolivar y Palacios (this was his real name) was born on July 24, 1783, the year England’s North colonies won their independence. [1] His father had been an important figure and the landlord of twelve houses in Caracas, herds of cattle, indigo plantations, mines, and sugar plantation that had been in the family for at least two centuries. He had organized a militia battalion in which his youngest son (Simon) would later serve, and he had been Caracas’s deputy to Madrid. Like many Creoles who visited Spain, he was disillusioned by Spain’s backwardness in comparison to other European nations. The Venezuelan Creoles, like those of other S...
Much G. L., 2004, Democratic Politics in Latin America: New Debates and Research Frontiers, Annual Reviews