Territorial Organization Organic Law in the 1991 Constitution. Elements to compare with the Spanish Law

Abstract

From the recognisance of the Colombian Public Law that it should be continue with the understanding of the territorial organisation set by the 1991 Constitution, this article focuses on studying one of its structural elements: the Territorial Organisation Organic Act (LOOT). For this, the author frames the concept of organic law based on a comparative vision of Spanish law then, determines the fundamental characteristics of its legal nature, and finally examines the basic elements of the LOOT. Later, the author studies the discussion about thematic reach of this law from the point of view of the Constitutional Court and the State Council to the establish, at the end, his own opinion.At this point it is clear that the author concentrate his efforts in analysing two fundamental issues: The distribution of competence among the different territorial entities, and the role of the LOOT before the establishment of the regions. The author takes this later topic to compare it with the Spanish autonomous communities and from this point on the articles focuses on producing some conclusions.