The reconstitucionalización: the defense of the Constitution threatened to ten years after its adoption Al enacted the Constitution of 1961 stated that the first duty was to defend citizen the Constitution to guarantee democracy achieved political in 1958. In 1999 the current Constitution was adopted in order to refound the Republic to establish a democratic, participatory and protagonist , as it sits in its Preamble. is to say, to deepen democracy policy achieved in 1960. 1961 Constitution that was labeled as "dying" because stated that the terminal state had led the party- . But case that the Constitution of 1999 is amenzada a slow death by "the deconstitutionalization of its institutions." This process gradually driving, to through a system paraconstitutional, to a deterioration of fundamental principles of democratic and social state of law and justice proclaimed as a legal-political for la Nación venezolana, y a la destrucción del federalismo descentralizado que, precisamente para profundizar la democracia y para el ejercicio del poder público desconcentrado, se consagra constitucionalmente como principio fundamental del Estado venezolano. Por ello, la R ed de Defensa de la Constitución , como base para su integración, proclama como deber patriótico “la reconstitucionalización de las instituciones democráticas” to the threat of ignorance its principles and fundamental structure .
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 happens, then, to denounce the lack of balance between powers and pluralist claim for reconstruction to ensure their independence.
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 force.
The heightened state intervention for purely ideological reasons alert against mixed socio-economic system that harmonizes powers state with private enterprise. The defense the Constitution imposes claim, as stated in its Explanatory Memorandum that "the problem is not more or less State State, but a better state," and a "balance between state and market," which combine " productivity and solidarity, between economic efficiency and social justice between private and collective interest. " Imposes also argue that the property is inherent to the right free development of personality through freedom of association, venture, acquisition of property for living, work, produce and save , so that is a means of promoting permanent employment and stable and to the satisfaction of individual and collective needs.
For "reconstitucionalización" the country must be that the implementation of the to Constitution through laws, decree-laws or statements can not be contrary to what she defines as State Society and democratic, which in our case should be guided by values \u200b\u200band goals that define better than its domestic law as essential legitimate state conduct . In this vein, for Venezuela, as well as pointing Rubio Llorente to Spain, you said that "there is no constitution democratic Constitution." That is , one for all. So the constitutional rule should not be used so that the power not subject to the Constitution , because the constitutional right as a constituent element of the democratic state is but a limitation of state political power, and it is incomprehensible that in such State applied or interpreted the Constitution to de-institutionalize the been releasing the limits that the Constitution itself imposed. Within that order of ideas, and context of what constitutional right can be called democratic is more must be forming, the guidance in interpreting its provisions can not finally the promote a regime without limitations or without controls, nor extend what some call "undemocratic enclaves, such as lags autocratic centralism could remain in the Constitution, or the features of militarism. The dominance of civil over the military the of it back to its condition professional apolitical and non-deliberative is task the "reconstitucionalización the country" because of what it is to recover the traditional principle Republican subordination military force civil power, and its role serve to state and society and not a party.
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 the Constitution. is not metajuridical or metapositivos limits, but instead become positivised securities. From there the illegitimate the changes or reforms that violate the time limits, formal and material imposed by the constituent itself the powers that be to amend or revise the Constitution . This is another task of the "reconstitucionalización the country."
enclaves or undemocratic preserves the legal paraconstitutional , concentric and autocratic encountered during the ten year life of the Constitution allow call it "slow death threats Constitution, which best antidote is the claim of" reconstitucionalización of state institutions ".
Román J. Duque Corredor
President of the Academy of Political Science and Social.
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