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and using the highest court as a forum to proclaim as a justification of principle of separation of government old and outdated thesis of collaborating, rather than independence, when this is the real reason be that principle.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.
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.
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