The Legal Debate of the Year: Popular Consultation and National Constituent Assembly
- fpelaez7
- Jun 27
- 2 min read
Analysis by Dr. Jaime Alberto Arrubla, founding partner of Arrubla Devis.
In recent weeks, Colombia has witnessed an intense national debate surrounding the presidential decree calling for a referendum and the eventual formation of a National Constituent Assembly. The analysis by Dr. Jaime Alberto Arrubla, former president of the Supreme Court of Justice and founding partner of our firm, was recently featured in the Caracol Radio article entitled "Reactions: The Legal Debate of the Year on the Referendum and the National Constituent Assembly."
Breakdown of the system of checks and balances
Dr. Arrubla warns that the presidential decree calling for a referendum represents a serious breach of the system of institutional checks and balances. By ignoring the negative opinion issued by the Senate of the Republic, the Executive branch is ignoring one of the fundamental democratic controls provided for in the Constitution, thus weakening the separation of powers.

Conflict of jurisdiction between high courts
Another critical aspect highlighted is the direct submission of the decree to the Constitutional Court, bypassing the prior review by the Council of State. This action not only violates established procedures but also creates a conflict of jurisdiction between the high courts, calling into question the institutional architecture designed to guarantee balance and legality in decisions of national significance.
Legal viability of the National Constituent Assembly
Regarding the proposal to convene a National Constituent Assembly, Dr. Arrubla is emphatic: " This process is not legally viable without a law approved by Congress and the support of 30% of the electoral roll, as required by the Constitution. Failing to comply with these requirements is tantamount to disregarding the legal system and the democratic principles that govern the country's institutional life. "
Risk to the Rule of Law
Finally, Dr. Arrubla points out that these actions can be interpreted as an attempt by the Executive Branch to impose its will on the other branches of government, which represents a serious risk to the rule of law and to the democratic stability of Colombia.
At Arrubla Devis, we reaffirm our commitment to technical analysis and the defense of constitutional principles. We invite our readers to find more analysis and reflections on current legal issues on our firm's blog.
Read the full article from 6AM Caracol here : https://caracol.com.co/2025/06/18/reacciones-debate-juridico-del-ano-consulta-popular-por-decreto-y-asamblea-nacional-constituyente/