Historically, Venezuela has managed to establish itself as a democratic country, the foundations of which lie in the constitutional arguments, the magna Carta of our nation, Guastini (1999) institutes that the “constitution denotes a certain set of legal norms: (…) the set of norms (in some fundamental sense) that characterize and identify every order. ” P.162. from here derive the other laws that legislate and regulate the behavior of a nation, in the broadest and “original” sense, the liberal concept of constitution was made clear by article 16 of the declaration of the rights of man and of the citizen (Declaration des droits de l`homme et du citoyen) (1789), I quote: “A society in which the guarantee of rights is not assured nor the division of powers recognized, has no constitution” (Guastini, 1999, p.163).
In this sense it is alluded that:
A state can be called constitutional or provided with a constitution, if and only if it satisfies two conditions (disjunctively necessary and conjunctively sufficient): a) On the one hand, that the rights of citizens in their relations with the state are guaranteed; b) on the other hand that the powers of the state (the Legislative Power, the Executive or government Power, the Judicial Power) are divided and separated (that is, they are exercised by different bodies). (Guastini, 1999, p.164)
These texts allow us to have a broader knowledge regarding the constitution, synthesizing we can attribute (conceptually) that the constitution is nothing more than the set of fundamental norms in a generic sense that regulate relations between the state and citizens, both at the organizational level and the exercise thereof.
It is also appropriate to point out that the constitutions have a special legal regime; in this sense they cannot be abrogated, repealed, altered or modified, using simplistic methods or techniques, that is to say that a constitution to be able to change its restrictive content, must use certain rules and pragmatic abilities; This reform allows a certain degree of flexibility to be given to the highest legal norm of a nation from which the name of constituent derives, a term used to refer to the court or parliament summoned to draft or reform the state constitution; for Quintana cited by Zúñiga (2013), it induces us that the constituent “is the inherent power of every sovereign community to give itself its original fundamental legal-political order through a constitution,and to reform it totally or partially when necessary. ”
So that our constitution protected in what was previously described in its chapter III, Of the National Constituent Assembly, in article 347, states: “The people of Venezuela are the depositary of the original constituent power. In the exercise of said power, he may convene a National Constituent Assembly in order to transform the state, create a legal system and write a new constitution. " Venezuelan President Nicolás Maduro by decree No. 2,830 dated May 1, 2017, calls a National Constituent Assembly, justifying this decree under the following objectives:
- Peace as a need, right and desire of the nation, the constituent process is a great call for a national dialogue to contain the escalation of political violence, through mutual political recognition and a reorganization of the State, to recover the constitutional principle of cooperation between the public powers, as a guarantee of the full functioning of the democratic, social, law and justice state, overcoming the current climate of impunity. The improvement of the national economic system towards Venezuela
Power, conceiving the new model of the post-oil economy, mixed, productive, diversified, integrating, from the creation of new instruments that stimulate the development of the productive forces, as well as the establishment of a new model of transparent distribution that satisfies fully meet the supply needs of the population.
- Constitutionalize the Socialist Missions and Grand Missions, developing the democratic, social, law and justice State, towards a State of Supreme Social Happiness, in order to preserve and expand the legacy of Commander Hugo Chávez, in terms of full enjoyment and exercise of social rights for our people. The expansion of the powers of the Justice System, to eradicate impunity for crimes, especially those that are committed against people (homicides, kidnapping, extortion, rape, gender violence and against children and girls); as well as crimes against the Homeland and society such as corruption; the smuggling of extraction; speculation; The terrorism; drug trafficking; promoting social hatred and foreign interference.Constitutionalization of the new forms of participatory and leading democracy, based on the recognition of the new subjects of Popular Power, such as the Communes and Communal Councils, Councils of Workers, among other forms of organization of territorial and social base of the population.The defense of the sovereignty and integrity of the nation and protection against foreign interventionism, expanding the powers of the democratic, social, legal and justice State for the preservation of citizen security, the guarantee of the comprehensive exercise of rights human, the defense of independence, peace, immunity, and the political, economic and territorial sovereignty of Venezuela.As well as promoting the consolidation of a pluripolar and multicenter world that guarantees respect for international law and security. Claiming the pluricultural character of the Homeland, through the constitutional development of spiritual values that allow us to recognize ourselves as Venezuelan and Venezuelan, in our ethnic and cultural diversity as a guarantee of peaceful coexistence in the present and towards the future, vaccinating against social and racial hatred incubated in a minority of society. The guarantee of the future, our youth, by including a constitutional chapter to consecrate the rights of youth, such as the free and conscious use of information technologies; the right to decent work and liberation of their creatives, the protection of young mothers;access to a first home; and the recognition of the diversity of their tastes, styles and thoughts, among others. The preservation of life on the planet, constitutionally developing, with greater specificity, sovereign rights over the protection of our biodiversity and the development of an ecological culture in our country. society.
Let's establish a comparative analysis between the proposed objectives and those contained in our Magna Carta:
Comparative Table: (see PDF)
From the comparative-deductive analysis of the previous table, a question arises: Is the current Call for a National Constituent Assembly relevant? we can openly express that it is not relevant, in this environment of strife whose climax has intensified, it is not the way out or an assertive response to calm the tension facing our nation, if this constituent occurs we will be prone to face the phenomenon of fraud The constitutional law that it gives before hand reveals the confrontation and confrontation, in certain circumstances, between the reform, as an activity protected by the system of legality and the order of values and principles on which the system of legitimacy rests. This conflict does not constitute a mere hypothesis,demonstrated the fact of applying the current constitutional order is the most efficient so far.
When, on the contrary, it is understood that the concept of Constitution is not a politically and axiologically neutral concept and, consequently, any reform action must be limited by the value system of the legal system itself, as a formal apparatus, it has the mission to protect, the possibility of destruction of the Constitutional State, with the simple exercise of legality becomes an unfeasible hypothesis. Paradoxically, recognizing the existence of implicit limits rooted in our Magna Carta, means preventing the legality of the Democratic Constitutional State from being used as a throwing weapon against it, to the point of turning it into a legitimizing instrument of the coup.
ELECTRONIC REFERENCE
- Guastini, R. (2007). ON THE CONCEPT OF CONSTITUTION. CONSTITUTIONAL ISSUES, (001). Digital document available at: http://revistas.unam.mx/index.php/cuc/article/view/1985/1547 Zúñiga Urbina, F. (2013). NEW CONSTITUTION AND CONSTITUENT OPERATION: SOME NOTES OF THE CONSTITUTIONAL REFORM AND THE CONSTITUENT ASSEMBLY. Constitutional Studies, 11 (1), 511-540. Digital document available at: http://www.scielo.cl/scielo.php?pid=S071852002013000100014&script = sci_arttext
