Before the 1991 constitutional reform, the Colombian constitution allowed the president to issue decrees under a state of crisis. However, the criteria for a crisis were not clearly defined and there were no time limits on the decree. In practice, the president could issue decrees under what he called a “crisis” in order to achieve his own policy preferences.
The 1991 constitution changed these formal powers so that now the Constitutional Court must automatically review declarations of emergency, which provides a check on presidents who wish to abuse the term “crisis.” Additionally, there is now a 90-day limit on decrees, so they are no longer in place indefinitely. These changes are important in providing a check on the president, who is forced to bargain with the legislature to accomplish long-term objectives that once were achieved by decree.
However, Uribe has such strong support from his coalition, which holds a majority in Congress, that he is still very capable of achieving his goals without strong decree powers. His informal power through his coalition and his popularity with voters makes him a very powerful president. The real power of the constitutional reform only comes into play when the president faces a hostile congress. In that case, he would be limited in pursuing policy that is not acceptable to the legislature.
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