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.
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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