Legal and Political Viability of the Constitutional Reform Proposed by President Gustavo Petro in Colombia in 2024

Abstract

The objective of this study is to analyze the impact and viability of the constitutional reform proposed by President Gustavo Petro in Colombia, assessing whether the proposed changes are necessary from a regulatory perspective or whether the problems it aims to solve can be addressed through a more effective implementation of the current constitutional provisions. In addition, the level of social and political consensus that supports the proposal is examined, as well as the possible implications that its approval would have on the country's legal and political system. The methodology used is qualitative, based on a case study. An exhaustive documentary analysis of the reform proposal, the 1991 Constitution, and the laws and judgments related to the reform issues was carried out. In addition, semi-structured interviews were conducted with experts in constitutional law and political science, whose opinions provided a critical view on the key aspects of the political and legal viability of the reform. The results indicate that many of the issues raised in the proposal are already contemplated in the 1991 Constitution, such as peace, fundamental rights and territorial autonomy, and that the real problem lies in the lack of effective implementation of existing regulations, rather than the need for constitutional reform. Likewise, it was identified that political polarization and the absence of consensus are the main obstacles to the viability of the reform. In conclusion, this study suggests that Colombia does not need a generalized constitutional reform, but rather a strengthening of its institutional capacity to effectively apply existing laws. The implications of these findings highlight the importance of improving public management and policy coordination to ensure the proper fulfillment of the rights enshrined in the current Constitution.