The constitutionalization of the social market economy in Colombia

Abstract

The Political Constitution of Colombia of 1991 did not mention which it would be the economic model of development that would regulate the State since that historic moment and on, however, due to the recognition of principles and rights with social content; and on the other hand, the protection of liberal rights, it is feasible to infer, that the adopted economic system in our bill of rights is the Social Market Economy, characterized by the free enterprise and private initiative, and a reduced state activity to warrant a minimum of social rights and services. With it, it is questioned whether the constitution is truly “open”. This article pretends to carry out a normative, doctrinal and jurisprudential analysis that supports that affirmation. In addition, it aims to review in a briefly form, the reforms that the State has had to face since the implementation of the referred economic system, reflecting if the advantages which has promised the Social Market Economy have been accomplished. The article also defends the idea of the necessity of an intervention from the Colombian State in the economy (without applying a planned economy), in order to reach the objectives that the constitution of 1991 devised for our country under the Social Rule of Law.