Tarek Mehtaka Ultachosma

Presentation at the Ateneo de Madrid Madrid

On November 30 Franco Behind bars present at the Ateneo de Madrid and really was a success, with hundreds of people filling the room.

After presenting the whole project and the review of Santiago by some of the most important aspects of the work, Mirta Nuñez and Julio Arostegui contributed their words at the meeting. After the speeches, there was an interesting debate as well as seasoned by the words of some prisoners who were among the attendees.

Then we'll leave you a picture of the act.

Thank you for your assistance and support.

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Statement of the Venezuelan Association of Constitutional Law, 10 years

KPO
Globovisión

Members of the Venezuelan Association of Constitutional Law and the Academy of Political and Social Sciences, denounced on Tuesday the disrespect for the constitution by authorities, who "undermine the cooperation between the powers" to subject the government to obey orders of the executive.

Jesús María Casal, president of the Venezuelan constitutional law, said it is necessary to rescue the democratic pluralism, "it must finish open campaign for disqualification that comes mainly from government circles, who are the first that should be required to comply with this pluralism. " He also stated that it has become daily denial to recognition of a legitimate opponent.

The lawyers also expressed concern stating that centralization is necessary to provide services to community organizations, as established by the constitution, through the states and municipalities to be able to decentralize and strengthen communities to them.

Ramon Duque Corredor, a member of the Academy of Political and Social Science, reported la “ocupación o secuestro” por parte de la policía política del tribunal 31 de control y la orden de detención de su titular; sin cumplir con el debido procedimiento por disposición del Ministerio Público. De esta manera considera que ahí se evidencia el sometimiento de los poderes públicos “al poder más poderoso”.

Así pues, el contenido del texto legal que fue aprobado hace diez años, se estaría rigiendo por una “constitución alterna” y que el término de “colaboración entre poderes” estaría siendo alterado.

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popular approval of the Constitution of the Bolivarian Republic of Venezuela

Declaración de la Asociación Venezolana Constitutional Law

This December 15th marks the 10th anniversary of the adoption by referendum of the Constitution of 1999, significant lapse in the Venezuelan constitutional history, not only for its temporal dimension deserves reflection. To the commemoration of the Venezuelan Association of Constitutional Law had three major objectives: to make a critical assessment of the contents of the 1999 Constitution, and second to analyze the applicability of constitutional provisions and, thirdly, we report the process of "de-constitutionalization" which has operated in this decade, since those in power has ignored not only the Constitution of 1999 but, even worse, the very idea of \u200b\u200bconstitution.

The 1999 Constitution is a product of a constitutional text Constituent National Assembly, taken as a symbol and as a founding myth. While there was a product of consensus, there was a debate in the first phase of discussion largely reflected what was discussed and reflected in the eighties and nineties about the reform. Its content involves a combination of liberals, socialists and republicans, a mixed formula that expresses the coincidence of various sectors.

For various reasons, she has not been able to prevent the revival of political personalism seemed typical of the nineteenth century, which is installed together with a process of concentration of power, a trend observable from the moment of the promulgation of the Constitution.

is a process of concentration of power that corresponds to a strategy of leading direct-to-mass ratio, assumed as part of a political project, which in turn is linked to the development of a set of tactics aimed at the 'confrontation enemy ', even if it is simply the electoral opponent, a process in which the unwritten rules of the game play a major role, becoming the political rules, making decisive in environment in which judicial practice casuistry is imposed as a political tool, leading to criminalization of politics and politicization of justice.

This process of concentration of power is expressed as:

a) political and institutional concentration, while re-centralization process or return to centralism, of regression in the development of decentralization, or dismantling the federal state, observable in both contradictions of the Constitution (Articles 156 and 164), and in the development of the relevant legislation, accompanied by the relevant measures, such as ignorance of fact the results of the 2008 election, undermining and ignoring regional and local authorities. But, while strengthening the presidential process, observable in the text of Articles 156 and 236 of the Constitution, and the new referendum on term limits, which had already been rejected in 2007 and its subsequent approval by referendum popular, the process is reaffirmed in the submission, in practice, the public bodies to the dominance of the National Executive.

b) Concentration social policy, both in regard to political parties and organizations of society, the former, are normatively weakened as an institution being adopted in the Constitution the euphemistic formula: associations with political aims, while in practice a strategy is developed initially based on the partisan dispersion, based on a single command (the leader), seeking to dilute the old parties called status including circumstantial allies, later to take institutional shape as a party of one-party government with a single command. It also causes loss of independence and autonomy of the organizations of society, and will replace the concept of citizenship by the town, to assume as a mass leader seeking direct-masses.

c) Re-political-economic concentration, in terms of development of capitalist rent. This involves the development of a strategy for economic strengthening of the state, from which it emerged as a key element making PDVSA to make use of such economic strength as a political tool, accompanied by a 'hard' measures of taxation and nationalization.

d) Taking centralized armed power. The new treatment that has received the National Armed Forces is the seed of the tendency to turn in support of a political regime, unlike the role and performance that should be in a democratic system. Also, the armed forces have cornered several spaces both in the public administration and on society itself.

The regime built at the expense of the Constitution of 1999 was characterized by features of populism, militarism, and total domination, but within a formal framework of democracy, with an outline marked by the continued holding of elections which have not ceased to be competitive despite the disadvantages and the imbalance caused by the dominance of the various organs of government and especially the electoral umpire. As the scheme is a dynamic or a feature in an institutional framework prevailing in the unwritten rules of the game, and the law ceases to be the democratic expression of the representation plural in parliament to become normative text imposed by a will that is expressed in a relationship that is sent and is not governed, as determined by a leadership that is based on leading-mass relationship, assisted by the Armed Forces and sustained patronage nothing new relationship, based on the state's economic strength that comes from oil revenues.

10 years after the Constitution is necessary to recover the value and the guarantee of the Constitution as a rule, it is the duty of us citizens to fight for the restoration of the authority of the Constitution and its principles, which require the life of the people, deepen higher values \u200b\u200band are erected in ensuring respect of our rights and the achievement of democratic coexistence on the basis of justice and equity, and as an academic association are committed to this struggle.

The spirit and purpose of the 1999 Constitution sought the consolidation of democracy, based on values \u200b\u200band principles aimed at safeguarding the rights and freedoms of the individual. Superimpose on them the collective interest in the context of popular constitutionalism is indefinite as well as assign rights to the State to the detriment of the rights of citizens.

With support those ideas we conclude that:

1) The constitutional and democratic state of law is not the one that determines discretion about the rights of the people, but that recognizes, protects and guarantees these rights, subjecting himself to the supervision and control of citizen power is, after all, the real sovereign power.

2) The system of checks and balances contained in the principle of separation of powers is fundamental to the constitutional democracy does not preclude cooperation between public bodies in the exercise of their functions.

3) must rescue the value that the Constitution guarantees human rights, demanding respect and guarantee state organs, which must follow the decisions taken by bodies relevant international.

4) It is essential to activate operational mechanisms against corruption, the main scourge of our political society, promoted by a bureaucratic practice is conducted without real access to public participation and not subject to effective controls.

5) It is imperative to curb the progressive deconstitutionalization affecting national political life.

6) perform urgent dialogue processes to achieve basic social and political consensus covered by the common denominators reflected in the 1999 Constitution.

Jesús María Casal
Chairman of AVDC Argenis Urdaneta


Vice
AVDC
Carlos Useche Luis Carrillo
Judith

José Vicente Haro María Elena León Enrique Sanchez Falcon

Alma Chacón Juan Berrios

Ronald Chacin
Humberto Jesús María Alvarado Njaim

Orsini Marie Picard M. Liliana Fasciani

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collaborators Powers are powers under the Constitution

is absurd and an insult to the fundamental principles of democracy and the rule of law, drawing on the commemoration of the life of the current Constitution and using the highest court as a forum to proclaim as a justification of principle of separation of government old and outdated thesis of collaborating, rather than independence, when this is the real reason be that principle. And more absurd is that those whose function is to safeguard the integrity and supremacy of the Constitution and the autonomy of the judiciary to become spokesmen for a thesis which is the referral of powers to be stronger or more powerful.

Indeed, the lawyers of the National Socialist State, Fascist State and the Soviet and Cuban Communist states are those who argued for and advocated the constitutional organization of state power vertically or cascade, where the powers are simply partners in the exercise of power by the dominant political.

For example, according to this thesis, the branches of government are organized as follows: First you choose a political assembly composed CANDIDATE chosen by the head of the ruling party after the Assembly delegates her powers to the Chief Executive, which is the same Leader of the Party and he then proceeds to appoint the members of the judiciary and other public authorities. An illustrative example of this pattern of concentric and tyrannical state of powerful collaboration is the Cuban socialist state in which the People's National Assembly holds the supreme power, exercised through Council of State, whose president, in addition to being Leader of the Party, is also Head of State, Government and Armed Forces, and who is constitutionally delegated legislative function to issue decrees and laws which are hierarchically subordinate Court Supreme People's Court and the Attorney General's Office. Therefore, to the promoters of this thesis collaborationist state, "The Constitution is the will of the party or the will of the Führer or the Supreme Leader," which should work with the rest of the existing formal powers. Therefore, these farmers of the State concentric fully reject the principle of separation and independence of powers, proper democratic state of law, because in this kind of state does not fit the concept of a state where public authorities serve or contribute to the realization of a single political will. By contrast, the law states real democracy is measured by the strength and independence of public powers, particularly the judiciary, which is charged with the primary function of ensuring the application of this principle. And where collaboration between authorities is the balance between the different branches of government are of equal standing and independent exercise of their functions harmoniously to serve the highest values \u200b\u200bof the Constitution and primarily to the recognition of control of compliance with the constitutional principles by the Executive and the other powers by the judiciary. The collaboration between powers who have equal status is not collaboration, as it can, by definition, is the submission of the various powers to impose political will and dominate in the State.

The Venezuelan people in 1999, by adopting the current constitution referendum and in rejecting in 2007 the constitutional reform proposal advocated a concentrated public power, and anti-federal antirepresentativo ratified libertarian faith in upholding the principle of separation and independence public authorities that make up the republican tradition and the highest values \u200b\u200band democratic guarantees of our society, which according to the preamble and Articles 2, 3, 6 and 350 of the current Constitution, is a principle irreversible. In fact, separation of state powers as the basis for the division of the exercise of state power to prevent their concentration in a single political will is a guarantee of freedom and democracy. By contrast, the collaboration of the authorities is to serve the most powerful. Just remember off the old absolutist thesis collaborators who, since the Declaration of the Rights of Man and Citizen of 1789, is a postulate of political freedom "Any society that is not secured the guarantee of rights, nor determined the separation of powers has no constitution." And the more recent texts, such as the Lisbon Treaty on European Union, the Inter-American Democratic Charter, the Treaty of Asunción and the Protocol of Ushuaia, among others, form the principle of separation of state as its balance and independence because without it we can not guarantee the exercise of freedom, strengthening democracy and respect for human rights.

greatly concerned that those who have a serious responsibility to interpret impartially the Constitution to ensure its integrity and ensure the supremacy and independence of the judiciary, identify them with thesis is contrary to the democratic rule of law, and in a contradictory and incompatible with that responsibility, encourage constitutional amendments to end full separation and independence of public authorities to allow their subordination to a single political will, through the establishment of the totalitarian thesis collaborationist old vertical organization or cascading of state power. Which casts doubt on the freedom and fairness of judicial discretion of the spokesmen of these anti-democratic thesis exercising judicial function the constitutionality of the acts of the executive and legislative powers, that further distorts the already tarnished image of the judiciary in national and international level.

Finally, an example of collaboration, such as retired judges have denounced the Judicial Circuit of Caracas, is what happened recently with the occupation of the political police precinct 31 Court Control of the Metropolitan Area of \u200b\u200bCaracas and order arrest of the owner of this Office, his deputies and their lawyers, without complying with due process, by the Attorney General, to replace the appeals against the decision issued by that judge, and public and advance the status of "offender" of the Judge and the maximum penalty will be applied, formulated by the President of the Republic, the highest judicial authorities have called the usurpation of judicial functions and direction of government and administration of the judiciary.

Caracas December 15, 2009


Dr. Roman J. Duque Corredor
President of the Academy of Political and Social Sciences.