La ineficacia del valor constitucional de autonomía territorial, en el modelo de descentralización adminstrativa

Abstract

The present investigation addresses the issue of the legal impossibility of unrestricted autonomy, since under the perspective of the constitutionalization of law and the current administrative law, the existence of absolute or full autonomy without controls to it is inconceivable, to avoid overflows of the power, which is why an analysis of the effectiveness of the constitutional value of territorial autonomy is made in the model of administrative decentralization established constitutionally since 1991, where Colombia was proclaimed as a unitary republic, decentralized and with autonomy of its territorial entities, by Therefore, said mandate is a constitutional principle, so it was decisive to look deeply at compliance and materialization, in order to establish whether administrative and budgetary decentralization has contributed to the consolidation of the autonomy of territorial entities. In order to define the problem posed, we start from a historical conception where we sought to define the state administration model, a juncture between the acceptance of the centralist and federalist model, which implied for the history of Colombia an enormous distance between one and another form administrative organization; However, this dilemma began to have its first changes in 1986, in the end, with the arrival of the 1991 Constitution, which established, from the same preamble and the first constitutional article, a new administrative model of state, where the Colombian state expresses, in its constitutional charter, its organization in a unitary, decentralized republic, with autonomy of its territorial entities.