Wednesday, December 23, 2009
Tarek Mehtaka Ultachosma
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.
Tuesday, December 15, 2009
Are Truffles Safe To Eat During Pregnancy?
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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Declaración de la Asociación Venezolana Constitutional Law
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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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.
Tuesday, November 24, 2009
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participate in the act: July
ArósteguiSánchez, professor emeritus at the University Complutense
Balart Mirta Díez Núñez, Professor of Social Communication UCM
Jaime Ruiz, Division of Science Education University
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exposure FRANCO DICTATORSHIP: FORTY YEARS OF REPRESSION, after your stay in Segovia and his time in Santiago de Compostela, is available to any association, council, collective, college ...
consists of 24 panels, very convenient for transportation.
take this opportunity to tell you that is available catalog of the exhibition, and we have discs containing exhibition panels for convenient viewing on your computer.
Thursday, November 5, 2009
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The government's reluctance to build bridges of reflection and dialogue to the opposition political parties and, in general, all sectors of society seems to have no short term solution. The arrogance of that and the impotence of these are manifested in the disorder, corruption and the dismantling of state institutions, without any possibility of agreement and solve the most pressing problems. The submission of public policy to a particular ideological current as means and end of state policy committed to end the greatest satisfaction of social needs and, therefore, creates a pernicious dependence of citizens with respect to State through a single channel of the government. Membership or the approach to the ruling party almost mandatory as a condition for recognition of certain fundamental rights is one of the most despicable forms of disrespect for human dignity.
The argument from ignorance has no place in a society that lived through the experience of democracy for four decades and is able to distinguish between a defective democracy but freedom of a false democracy without freedom. Assume
inevitable systematic violation of fundamental rights guaranteed in the Constitution and the forced imposition of a de facto quasi-legislation that contravenes and nullify the principles and provisions enshrined in it, in a sort of ongoing constitutional mutation, citing the ineffectiveness of going before the courts or inaccessibility to the legislature, is tantamount to denying the value and importance of the Constitution. The functional utility of this paper is precisely to establish limits on both the exercise of power as the exercise of the rights and freedoms.
Assume a passive attitude, whether by necessity, and indifference, and by mere opportunism, or perhaps not knowing what to do with the government advanced in its project of transforming society in a socialist commune and obsolete stamp democratic rule of law in a rigid and willful monolith, leads inevitably to a state of servitude that no people should be willing to allow. Condition the solution of problems of municipalities and states across the country to verify the electoral trend in these regions, is discriminatory.
consider the Constitution an instrument for the protection of our rights and guarantee of our democratic freedoms, but in the present circumstances should be understood that it is she who needs to be protected and only we can defend it. M. Liliana Fasciani
Thursday, October 29, 2009
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I differentiate between the prepositions from and against. With the first - against - intend to refer to so publicly exposed as public bodies when they interpret, or apply, rightly or wrongly, the Constitution, ie the image projected by his performance, in line or dissonance with the common idea of \u200b\u200bwhat it is, what it does and how you live the Constitution. It is basically of two projections: one, to the outside, to society, in the sense of how we perceive the behavior of representatives of public power in the development of their activities, when we compared with the provisions of Article 7 of the Constitution, in its capacity as supreme law subjects all persons and bodies exercising public power, the other to the internal, that is, to themselves, in the sense of their own perception of how everything and how do they do impact on institutions and a reference mark on society. For Moreover, with the preposition denoting try against opposition or contrariety of some of their actions with regard to the Constitution.
In both formulations, understand performance, in addition to the activities of the position held those in power, based on their responsibilities under the Constitution, the behavior they display in their specific product features and their respective activities .
find that the facts as presented, be presumed that the distance between the must be and what is in all areas of public action, reflects a position taken consciously in which confuse the public and private, ie the public with personal conduct. I think this merger is inappropriate that gives rise to the personalization of power and therefore the underestimation of the Constitution. The end is reached when there is no reason, in practice, the replacement of the constitutional supremacy for political supremacy, or even worse, for the supremacy of individual will. In other words, we know we've touched bottom when we think of having retraced the long and winding road by which we come to the government of laws to return, unforgivably, the government of men. Many wonder
how could this happen. The only answer that I venture to offer is that revolutions are not democratic nor constitutional. No revolution has ever been done by applying the precepts of the Constitution, nor the rules of democracy. Revolutions have their own mechanisms, none of which is in the constitutional texts that proclaim the rule of law, which enshrine and guarantee the protection of fundamental rights and freedoms, establishing the separation and mutual control of public authorities which provide certain procedures for constitutional reform.
In short, the ways that travel revolutions, invariably in a hit and run over to others, do not appear on maps in which constitutional to confer powers on par with those who are elected or appointed to exercise power, they also impose limits in order to curb any excesses in performance of their duties and avoid any abuse of authority. None of this is included free in the constitutions of democratic states of law. Historical experience has shown, again and again that human greed for power is unlimited and insatiable. And so far, the only way to civic, peaceful and legitimate power make it difficult to become a dangerous tool in the hands of its bearers, setting limits is accurate and effective by the Constitution.
So do not hesitate to say that is a mistake to understand the Constitution as a way ideological manifesto, with which the masses want catechize by the lie of a quasi-religious fear to any other doctrine or ideological bias, or as a political project designed by a small group of people, whether academics, businessmen, technocrats, military or professional politicians, whose ideal state and society infallible perfect obnubila them to the point of preventing them from recognizing that on the fragile foundation of Utopia is not possible to reconstruct a country affected in body for real needs and problems, or as a government program whose implementation involves a social engineering work representing a sort of superior minds who think they have all the answers to the expectations of citizens and all the solutions to the problems of society.
In general, the Constitution remains the supreme law of the legal system does not become yet a finished product, complete and static, as would a painting of Jesus Soto, or a poem by Enriqueta Arvelo, or a building of Villanueva. This means that the Constitution is evolving constantly, because his intention is last in time as much as possible circumstances and new generations. It is not complete, because it provides answers to all legal problems. It is a framework law that regulates what is important, but does not predetermine the social or economic policy does not set guidelines on the lifestyle of its audience, does not require schools of thought.
is an open and dynamic system that adapts to changes in society and in which space are the diversity of expectations and political pluralism. I'm talking, of course, the type of constitution that governed democratic states of law alluded to the famous assertion of Elias Diaz that not every state is the rule of law, only those states effectively taxed law.
and points in this to refer to our Constitution, which is the expression of an agreement between the citizens of the country, at any given time, we agreed that our Republic have certain essential characteristics, among them that Venezuela is a democratic state social and law and justice, that there are certain non-negotiable values \u200b\u200bhigher, with the same binding and rigid than the rest of the constitutional provisions governing both the legal and state action and that the Venezuelan government is and will always be democratic, participatory, elective, decentralized, alternative, responsible and pluralist mandate revocable.
However, if we base our assessment of the actions of the organs of public authorities in the rational understanding of the issues mentioned above, the overwhelming conclusion is that those now in power in Venezuela, are to ride roughshod nothing less than the values \u200b\u200band principles of the Constitution and the entire legal system.
I'm not saying you do not know any such safe and is well known. But it is important to emphasize the fact that, through many of the actions of public bodies, voluntary imprint is evident that subordinates the Constitution to particular interpretation of its precepts and the most unusual forms of manipulation by the current holders of power in our country.
The President of the Republic, representing the executive branch, totally ignoring the results of the referendum on constitutional reform, which most of the Venezuelan people rejected; is exceeded his authority and transcends the constitutional limits to issue decrees, enact laws and provide orders in all subjects.
The legislative power, symbolized in the National Assembly, has made his role in a vow of blind obedience, not those who claim to represent, but to the will of the President of the Republic, to embark on the development compulsive laws contrary to the Constitution, but perfectly compatible with the draft socialist or communist state, at all costs and a high cost, insists on imposing.
Electoral Power, embodied in the unperturbed guiding the National Electoral Council has not had the slightest qualms about violating the Constitution by denying the constitutional right zulianos conduct a consultative referendum on the Reform of the Law on Decentralization that, the time, helped the Government seize ports and airports.
The judiciary is a "Pandora's box" from which leave many decisions daily without legal status, but that show unconditional dependence Executive. It is enough to recall the decision No. 1939 of the Constitutional Chamber of the Supreme Court of Justice of 18 December 2008 which declared unenforceable the ruling of the Inter-American Court of Human Rights in the case of former judges of the First Court for Contentious Administrative. In that ruling is affirmed, for example, that "law is a normative theory in the service of politics that lies behind the axiological draft of the Constitution ...." But if the interpretation of this project is axiological light of standards which, according to the Constitutional Court, "must be compatible with the political project of the Constitution ... and should not affect the validity of that project with ideological interpretative choices that favor individual rights at all costs ... (...), under the pretext of valideces (sic) universal, "then there is no doubt that sentence in question is not supported by legal arguments, but with other arguments that attempt to disapply the provision in Article 23 of the Constitution, which gives the prevalence of international treaties in domestic law to the extent that its rules are more favorable to human rights than those contained in our Constitution.
Moral Power I can only say that, until now, thank God, is just a figurehead in the Constitution and absolutely invisible in the country's reality. These few references are sufficient to bind to assume the defense of the Constitution as a civic genuine apostolate. This is the proposal of the Network of Defense of the Constitution, to raise awareness of Venezuelan society, mainly the less-informed citizens and most vulnerable sectors of the value of the Constitution, the importance of its provisions for the financial year effective our rights and freedoms, and the need to protect the Constitution of the systematic violations perpetrated against them, mainly those who are called, first, to implement and enforce its contents. M. Liliana Fasciani
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The event, organized by the Institute of Legal Studies "José Ángel Lamas" Bar of the State of Carabobo, was installed by Dr. Anibal Rueda , President of the Institute and Dr. Lisa Cabrera , President Bar Association, and attended university students, NGO activists and citizens of civil society.
Through their presentations, representatives of the Network of Defense of the Constitution, teachers Raul Arrieta, Gerardo Fernandez Liliana Fasciani and M. , and Professor Gustavo Manzo, explained the critical situation of the rule of law in Venezuela and the various ways in which they have carried out systematic violations of the Constitution.
The purpose of the act was to motivate Carabobeño to actively participate in the defense of constitutional principles, establishing focal points in the various sectors of the community.
More information
DRC Notitarde
Friday, October 16, 2009
Friday, August 28, 2009
Skirting To Hide Pipes
The constitutional guarantee of respect for personal integrity is its development in political rights in banning the use of firearms and toxic substances to control peaceful demonstrations. This was enshrined in Articles 46, 53 and 68 of the current Constitution. In these prohibitions is added the prohibition of disproportionate use of force contained in " The Basic Principles on the Use of force and fire arms by officers enforcing the law "(Resolution No. 45/111 of the General Assembly
The violation of these prohibitions by the police and military officials constitutes cruel, inhuman or degrading treatment, no exception, as noted
course are aggravating elements, and evidence of these violations, contempt of officials responsible for monitoring the bans demonstrations to commit acts of propaganda, militancy or political propaganda, to justify the use of poisonous weapons desprorpocionado or use of force, for reasons or political or ideological reasons as happened in the march on August 22 against the enactment of
In this regard, to illustrate the elements that, according to
1) The illegitimacy of the use of force , where their use has no legal basis (Eg, use prohibited toxic substances and firearms);
2) Qualifying Agent: who uses force is a State official legally empowered to do so (officers and guards
3) The nature of the act : Overuse occurs in the exercise of public functions by the agent (control events);
4) The disproportion between means and ends: The use of weapons or lethal toxic individuals or groups against unarmed. Only possible use of force when strictly necessary and to the extent required for the performance of tasks without flout constitutional prohibitions on the use of firearms and toxic substances;
5) Opportunity: If the victims are defenseless, resort to the use of toxic or potent weapon to use excessive force becomes a form of abuse or cruel, inhuman or degrading .
Naturally, they were found in the control of movement of the August 22, 2009, the toxic substances used harmful to personal integrity and physical health demonstrators and justified by political and ideological use as a means of depriving a population group of their right of assembly and demonstration in certain sectors capital. Made this worse by the actions of a military officer who was constitutionally prohibited acts of militant propaganda or political proselytism, and by the support that he gave his illegitimate action the President of the Republic
Román J. Duque Corredor
President of the Academy Political and Social Science
Thursday, August 20, 2009
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Known text
1) enshrines the concept of the state teacher supply is not constitutional, because the condition of inescapable role of the state and public service, ascribed to the Constitution
2) In addition, education is stated as "secular", when the constitutional text only qualify as democratic, free and compulsory, and as well for freedom religion and worship, the right to profess a religious faith involves the right to teach, and therefore is constitutionally recognized parents the right to have their children receive religious education in the schools where they are educated.
3) Set the new law regulating education is based on the doctrine of freedom and Simon Rodriguez, who aside thoughts that are only linked to a time and a historical culture, can be interpreted in one ideological or political meaning, to the detriment of the principle of educational freedom, because political management that has made her work and the identification of these doctrines with the creed of the ruling party. For example, within the aims of education set out to form "new Republicans and new Republican" who are so vague and generic concepts that support a single interpretation on what is meant by such concepts. And others, training citizen must be under a "geographic and historical approach" and a part of "a new endogenous production model." That, plus it is not doctrine or the Simon Bolivar and Rodriguez, are also indeterminate concepts, ambiguous, imprecise and exclusive and identified with use has made them the official ideology. And in general, establishing the new Act that the educational process should be directed in the sense that happiness is achieved through an inclusive socio-economic structure and a new production model social, humanist, endogenous, it affects education in a single economic and ideological orientation, which goes against freedom educational and academic.
4) Declaring that education is secular, and punishable with severe penalties to the violation of the principles of
5) are created to the existing structures in schools and universities, educational and popular councils, student councils, etc., Which weaken the parent-teacher associations, or university and faculty councils or school or student centers, to incorporate community organizations outside the existing structures of the international educational community. This decision compromises the freedom of teachers and parents, and of course the university autonomy and allows the interference of external factors in schools. School management in these centers could be controlled from outside by the interference of such factors in the organization and management of educational communities.
6) The new law extreme supervision and control over the educational community and primarily on private institutions. For example, monitoring committees could be created "ad hoc" of schools. Already President has announced, which means the creation of "educational commissioners" for the control of education.
7) A fourth (quarter) of
8) Within sanctions enshrines greater discretion to qualify generic faults. For example, the closing or reorganization of private educational institutions if the competent Ministry of Education, believes that they undermine the principles established in the Constitution
9) The law allows more discretion to the Executive to fully delegate the regulation of its principles (social responsibility and solidarity), the regulatory regime institutional assessment of educational institutions, the school system's basic education system, the transitional arrangements for admission and promotion in teaching, among other subjects. It also goes against the legal reserve as on sanctions applicable to staff members is delegated to the executive regulation rules para aplicar las sanciones y para tramitar los recursos correspondientes, así como lo relativo a la gradación de las sanciones, los órganos que las aplicarán y los recursos que podrán ser ejercidos por los interesados.
10) La Ley considera integrantes de la comunidad universitaria además de los profesores y estudiantes, al personal administrativo y obrero y a los egresados, dándoles igualdad en el voto para elegir las autoridades universitarias, contrariando
11) The new law contradicts the principle of university autonomy which provides that the relevant rules on admission of students is determined by the special law on higher education and not by the universities themselves and attributing to the competent national bodies in education in an exclusive manner the entry of students into tertiary education institutions and private national and attributed to the special law and university policy not to intellectual creation and graduate programs higher education and the evaluation and accreditation of members university community, among other matters within its autonomy. And equally, when one considers that the competent national bodies in education and will govern the control of university governance rules concerning the exercise of political rights for the election of this government.
12) Academic freedom is defined only in respect of methodological approaches and theoretical perspectives, but omitted to include self-critical and free thinking and expression, although under the new law are guiding principles of education.
13) The establishment within the education sub-unit training for the knowledge, understanding, use and critical analysis of content of media , suggests that seeks to promote education as a general principle a bias against the existence of independent media and that they generally act to misinform.
Y;
14) In a period of one year are issued special laws on matters covered by
The defense of freedom of education imposes the reporting of
Román J. Duque Corredor
President of the Academy
Wednesday, August 5, 2009
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1 .- We reject that a high authority of the state, call the Constitution
2 .- The so-called special bill against media crimes criminalize the exercise of freedom of expression and information, when disseminating messages that, among other assumptions, may be characterized as untrue and causing public unrest, anxiety or feeling of insecurity and impunity ", according to the organs of a State which does not leave room for legitimate public criticism nor disclosure of information corroborated that reveal shortcomings in fulfilling the responsibilities of the authorities.
3 .- The proposed project or freedom of expression makes the generic and indeterminate interests of the State, to the extent that this practice would be stripped of its status as a human right, as that its exercise would determine the non-involvement or interest group feelings freely interpreted by state agencies that would become censors. A purported peace or tranquility communications official censorship born absolutely opposes the free flow of ideas and information characteristic of a democracy.
4 .- The recent closure of over thirty radio stations in order of CONATEL, without observing the due process and disrespect for constitutional protection of legitimate expectations and legal certainty confirms the policy of occupation ideological spectrum conducted by the government. Invoking pseudo-legal fireworks, the national regulator has taken off the air at stations that had not bowed to government policy hegemony. CONATEL commits the mistake of placing his administrative powers in the field of telecommunications, which are being carried out at the wrong time, over freedom of expression, which openly violates Article 13.3 of
5 .- It is expected the self-censorship or inhibitory effect of these decisions, as that would entail the approval of the 'special bill against media crimes. We call upon the various social sectors to respond civilly, within the constitutional and legal framework against these actions and proposals to further reduce the possibilities of enjoyment of civil rights, while we encourage State agencies to leave the path of the erosion of institutional and open the paths of plural dialogue focused on the highest principles and constitutional values.
Dr. Román Duque Corredor
Jesus M. Casal
UCAB Law School Dean
Ramón Crazut
Dean Faculty of Law and Political UCV
Diana Romero
Faculty of Law and Policy
LIGHT
Juan José Ramos
Dean Faculty of Law and Political Sciences University of Carabobo
Dean Faculty of Law and Political UNIMET
University Law School Dean Monteávila
Jorge Rosell
Raul Arrieta (UCV)
Mirian Rodríguez Reyes (UNIMET )
Angelina Jaffe (UNIMET)
Liliana Fasciani (UCAB)
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Tuesday, August 4, 2009
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Valencia, July 31 (Daniel Hernandez) .- Jesús María Casal, dean of the Faculty of Law and Policy at the Andres Bello Catholic University, said that the Act Media Crimes proposed by the Attorney General, Luisa Ortega Díaz, a full hedge against freedom of expression in all its forms, information and opinions, without any justification, because in Venezuela there are laws relating to content regulation.
This position is fixed during a visit to the secretary of the University of Carabobo, Pablo Aure, whom he met in his office in the rectory of the UC, accompanied by Professor Alfredo Arismendi Central University of Venezuela.
Casal said that the bill strikes at the heart of democracy "because democracy is political pluralism, freedom of expression, free flow of information, opinions, since it is the opportunity to discuss various issues of public concern. "
For Casal the bill is aimed at curtailing all of views expressed, to the point of criminalizing the dissemination of information and news that could be considered that are not true, which generate anxieties or may threaten the safety of the nation, stressing that the censorship of information is expressly forbidden in the Court Human Rights and the Constitution of the Republic.
- The path that is making is undemocratic, is in much of the population dissatisfaction, discontent, disagreement against many public policies with regard to decisions that affect the integrity of democratic institutions, and will not to solve this problem with the punishment of such expressions through the media. Casal added that even the reform of the Penal Code that currently exists in Venezuela, going beyond what is lawful according to democratic standards and now wish to add the Media Crimes Act, with a profile essentially repressive, which has a high level of confidence, which if passed will generate an effect of self-censorship and unfortunately will be less likely to express the critical thinking of a society that is characteristic of a democracy.
Third step towards dictatorship
For his part, Professor Alfredo Arismendi said that the proposed Media Crimes Act is the third step towards the consolidation of a dictatorship , which began with the term limits adopted without any strong reaction from the democratic sector, then the Electoral Act, which in its opinion, assured the triumph of the Government in any election and as the third step the Media Crimes Act, which if enacted will achieve silence all media.
Arismendi said the Government is threatened, knowing now the polls do not favor it, so that "this bill is nothing more than a defense mechanism."
Kates Playground Flip Flops
The participatory democracy requires, contrary to what happens in reality , the center of the political system is citizens and not the state, Party of government or head of government . And concerned a true democracy, the current political system that the government needs to act independently, without conditions and without subordination, and the Judiciary especially demonstrate their autonomy. The institutional framework in Venezuela is the total absence of checks and balances between the government. The detachment of the legislative function in favor of President reduce the legislature to a mere formality. Judicial interpretations of constitutional provisions against the principles of separation of powers, the autonomy of states and municipalities and restricting fundamental freedoms of ignorance system of inter-American human rights , making the judiciary into an instrument of "the deconstitutionalization." Defending the Constitution
The dismantling of the ideology and partisanship, out of respect to higher values \u200b\u200bof the constitutional order is imposed over identification with State Government Party and its thought and the cult of personality Head of , so negative results for dignity, freedom of expression, education , demonstration, work, trade union and political pluralism and respect for minorities, freedom of suffrage and the transparency of electoral processes for coexistence and rule of law. The exclusion of dissent and class hatred as mechanisms political struggle and social and its use as official language, face to constitutional values \u200b\u200bof pluralism and the culture of peace that the Constitution proclaims
The heightened state intervention for purely ideological reasons alert against mixed socio-economic system that harmonizes powers state with private enterprise. The defense
For "reconstitucionalización" the country must be that the implementation of the
The truth is that in our country the "reconstitucionalización" from must also respect the fundamental ights d , inherent dignity of persons, by inalienable character, since this respect is a limit the power derived or instituted imposed by the original constituent power. including a limitation imposed that people power to pass constitutional referendum
enclaves or undemocratic preserves the legal paraconstitutional , concentric and autocratic encountered during the ten
Román J. Duque Corredor