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From modern to environmental constitutionalism and its influence in Cuba

Table of contents:

Anonim

Modern constitutionalism starts from the era of the liberal revolutions of the eighteenth century (French Revolution, American emancipations, in response to the Old Regime and its absolutist or authoritarian system.

We can say that; With liberalism, constitutions become more concrete and developed than at any other time in history. Cuba was no stranger to that historic moment of concretion and development of the constitutions. The history of Cuban constitutionalism begins in 1812, according to several historians, with the promulgation of the Constitution of March 18, 1812 as a result of the Cortes of Cádiz, which gave constitutional organization to the entire Spanish empire and consequently to the Island of Cuba it was part of their territory. During the period in which growing nationalism and the desire for independence were brewing, the Mambisa Constitutions were succeeding one after the other. These included the Constitutions of Guáimaro, Baraguá, Jimaguayú and de la Yaya.

After Cuba had declared itself a republic, various constitutions were drafted, culminating on February 7, 1959, the date on which the Cuban Revolutionary Government approved and sanctioned the Fundamental Law that had to be governed from that moment on. country; in essence it was a transcription of the 1940 Constitution, although adapted to the socio-economic reality in which one lived, product of the triumph of the Revolution. After profound transformations on all fronts (political, social, economic and military) in a solemn ceremony held at the "Carlos Marx" Theater in Havana, on February 24, 1976 the current Cuban Constitution was proclaimed, then to be approved by referendum by the majority of the people. Constitution that is currently in force in Cuba

The environment, turned into a paradigm of obligatory inclusion in the action of the States, including in ours, introducing itself in the constitutions. Thus it appears converted into a new fundamental right, of obligatory protection on the part of the State and duty of the citizens. It can be affirmed that the future of the environment matter will be oriented towards the internal and international normative systematization of environmental law, the creation of the corresponding protection bodies, and the definition of the procedures that make possible and facilitate the enforceability of respect for such rights. Cuba in (1976) along with other countries in Latin America and the Caribbean, including Brazil, the Dominican Republic, Costa Rica, Peru, Colombia, Nicaragua, Uruguay, Chile and others.It raised the environmental issue to constitutional rank in accordance with the recommendations established in the different Environmental Summits, such as: (Stockholm Sweden 1972 and Rio de Janeiro Brazil 1992).

Our country (Cuba), like the countries of Latin America, has a vanguard position in modern constitutionalism and in the environmental branch; which provides a solid basis for the development of secondary legislation, as well as for the work of the operators of the Law, who are called to guarantee the full validity of constitutional norms, including those that refer to the environment. The present work tries to highlight the importance of the study of modern and environmental Constitutionalism as well as its influence in Cuba. I hope it will be a useful work for law operators and students. For this we will take into account the following aspects:

  1. History of constitutionalism History of Cuban Constitutionalism Environmental Constitutionalism Environmental Constitutionalism in Comparative Law Environmental Constitutionalism in Cuba Conclusions Bibliography

HISTORY OF CONSTITUTIONALISM

In the Middle Ages letters, especially local ones, were issued that regulate the existence of the Burgos, marking the rights and guarantees corresponding to the people. It is at this time when the development and expansion of the constitutions begins.

Modern constitutionalism starts from the time of the liberal revolutions of the eighteenth century (French Revolution, American emancipations, etc.) in response to the Old Regime and its absolutist or authoritarian system. We can say that; With liberalism, constitutions become more concrete and developed than at any other time in history.

The XIX century supposed a constant development of this idea of ​​constitution, division of powers and establishment of modern law as we know it today. The fundamental norm is not only; a norm that controls and structures power and its manifestations in a society, but it is also the norm that recognizes the rights that the State warns in all people. This process was the recognition of Human Rights, which has been increasingly accepted since then as an essential part of any constitution.

HISTORY OF CUBAN CONSTITUTIONALISM

The history of Cuban constitutionalism begins in 1812, according to several historians, with the promulgation of the Constitution of March 18, 1812 as a result of the Cortes of Cádiz, which gave constitutional organization to the entire Spanish Empire and consequently to the Island of Cuba it was part of their territory.

After the Royal Statute of 1834 replaced the Cadiz Constitution, an Autonomous Constitution was drafted. During the period in which growing nationalism and the desire for independence were brewing, the Mambisa Constitutions were succeeding one after the other. These included the Constitutions of Guáimaro, Baraguá, Jimaguayú and de la Yaya.

After Cuba had declared itself a republic, various constitutions were drafted, finally culminating in the 1976 Constitution, which is the one in force in Cuba today.

Other constitutional projects

Simultaneously with the validity of the Spanish Constitutions in Cuba, a Constitutional right of its own was developing in Cuba, which had its genesis in the autonomist ideas from the criteria and activities of Arango and Parreño, to the autonomic project of the Presbyter José Agustín Caballero (1811).

Gabriel Zequeira is also found, who eventually served as councilman for the Matanzas city council; he drafted a law with the purpose of amending the Spanish Constitution of 1812. Zequeira's project proposed a set of amendments to the Spanish Constitution, trying to temper it to the conditions of Cuban reality and it has been recognized that in fact it constitutes the first attempt to form a political organization in Cuba, although inspired, in this case, by the ideas and longings of autonomism.

Between the years 1810 and 1812 there is also the constitutional project of Joaquín Infante, a lawyer from Bayamo, considered the first constitutional project of a separatist nature. This consisted of 100 articles and in a certain sense is an innovator since it modifies Montesquieu's classic structure of the three powers, creating in his proposal a fourth power: the Military.

In the second half of the 19th century, but before the beginning of the Ten Years' War, with the expedition of Narciso López, the draft Constitution that bears his name made up of 23 articles and where he advocates the creation of a republic Free and independent with the name of the Republic of Cuba, in its third article it defines what the flag of the future republic will be like.

Mambisas Constitutions

In the period that the Cuban independence movement lasted, four constitutions were drawn up, called to govern the activities

of the people in their armed struggle against Spanish colonialism.

Guáimaro Constitution

The first was the Guáimaro Constitution, approved on April 10, 1869, which governed the 10-year Revolution until February 8, 1878. This Constitution, due to its revolutionary origin, was a new document of only 29 articles intended to fix the essential organs of government for the moment. Thus, it established a single Chamber as the main body of the government, in charge of appointing and deposing the executive, the General-in-Chief of the Army and the President of its sessions, the Executive having very limited powers, to the point of needing the approval of the Chamber for the appointment of their office secretaries. However, its essential value was that it consecrated the right of all Cubans to freedom and proclaimed the total and definitive abolition of slavery,what he endorses in his article 24 when he says verbatim: "That all the inhabitants of the Republic are eternally free."

Baraguá Constitution

At the end of the Ten Years War, the Constitution of Baraguá was promulgated on March 15, 1878, which was the result of the protest carried out by Major General Antonio Maceo Grajales. It was made up of 6 articles from which a Provisional Government composed of four citizens was established, granting it a provisional character. In addition, the powers to direct the war were granted to a commanding general.

Articles 3 and 4 of the constitutional text legally endorsed the essence of the Baraguá Protest, establishing in the first of these articles that "The Government is empowered to make peace on the basis of independence."

It will not be able to make peace with the Spanish government on other bases without the knowledge and consent of the people.

Article IV

Jimaguayú Constitution

The next constitutional text came into force on September 16, 1895. Again in the midst of the revolution, known as the Jimaguayú Constitution, it was intended to govern for two years. This Constitution is more complete than the previous ones, and with it they try to avoid the mistakes that had been made in that of Guáimaro. In the Assembly elected for this purpose, there were men from 1968 who recalled the disadvantages of having put the leadership of that war in the hands of a House of Representatives, and therefore adopted a different form of government, conferring the supreme leadership of the nation on a Council. Government composed of a President, a Vice-President and four Secretaries of State.

In the preamble to the Constitution of Jimaguayú it was stated that the Revolution was made for the independence and creation of Cuba in the Democratic Republic and it only declared the separation of Cuba from the Spanish monarchy and its Constitution as a free and independent state with its own government.

Yaya Constitution

After the two-year term, on October 29, 1897, the last of the Mambisa Constitutions was promulgated: the Yaya Constitution, much more extensive and complete than the previous ones. With 48 articles, it is distinguished by the inclusion in its text of a dogmatic part, where a special title was developed on individual and political rights. It omits the post of General in Chief of the Army, whose functions are assumed by the Governing Council, thereby consolidating the organization of a collegiate civil power.

In general, it is a Constitution written with greater technique, and in it the positive influence of the Guáimaro Constitution is perceived when developing concepts that were only outlined in it. This Constitution only governs one year due to the intervention of the United States in the war, which led to the military defeat of Spain and its withdrawal from Cuba.

Republican period: Constitution of 1901

On February 21, 1901, a Constitution was approved by the Cuban constituents, which was in force in most of the republican life of the country until the 1940 Constitution, except for slight modifications introduced by the governments in office. This liberal-democratic type Constitution was inspired by the American Constitution of 1789 that governed the United States, although with a different technique given the difference in the administrative political organization of the United States (Federation of States) and the particularities that were typical of the Spanish regime.

The 1901 Constitution contained the classic parts of every Constitution: the dogmatics regarding individual rights that the French Revolution had conquered and consecrated; the organic one referring to the structure, functions and rights of the state organization and the reform clause. (Article 115).

In essence, a republican and representative regime was established, structured in Montesquieu's famous division of powers. The legislature consisted of a Senate and a House of Representatives (bicameral system), a judiciary with relative independence, making its members immovable, but dependent on the Executive and sometimes also on the legislature in terms of their appointments.

Instead, the executive power concentrated great power in its hands, which together with other social and economic factors such as racial problems, economic instability, illiteracy, unemployment, political corruption, among others, led to the existence of a Mediatized republic and presidents of dictatorial regimes, similar to most Latin American countries.

Platt Amendment

The Platt Amendment was added to the 1901 Constitution. In essence, it regulated relations between the United States and Cuba, and gave the United States the right to lease certain parts of the national territory to establish naval and coal bases.

1940 Constitution

On October 10, 1940, the 1940 Constitution came into force, made with the intervention of all the political sectors of the country, expressing in some way the wishes and needs of all citizens. The Constituent Assembly was made up of 76 delegates representing 9 political parties; 6 of them were members of the First Communist Party of Cuba.

Fundamental Law of 1959

On February 7, 1959, the revolutionary government of Cuba approved and sanctioned the Fundamental Law by which the country had to be governed from that moment on, which was essentially a transcription of the 1940 Constitution, although adapted to the social reality -economic in which one lived, product of the triumph of the Revolution.

1976 Socialist Constitution

On February 24, 1976, in a solemn act held at the "Carlos Marx" Theater in the city of Havana, the current Cuban Constitution was proclaimed, after being approved by a referendum by the majority of the people.

Constitution and reforms

In this case, the socialist constitutional model was assimilated almost entirely; however, aspects that were part of Cuban constitutional history were maintained, including Spanish, Anglo-American and Latin American constitutional law.

The Cuban Constitution establishes that Cuba is a socialist state of workers (article 1); that the name of the state is the Republic of Cuba (article 2); and that sovereignty resides in the people, from whom all the power of the State derives (article 3).

The 1976 Constitution has undergone three modifications:

  1. The first, by which the name of the Isle of Pines was changed to that of the Isle of Youth. The second in 1992, in compliance with the agreements of the Fourth Party Congress, due to the need to adapt the constitutional text to the new economic conditions, after the disintegration of the socialist camp and the reintegration of the country into the exchange relations of the capitalist world, and which until now had basically moved within the advantageous relations with the CAMEL The third was in 2002, through which proclaims the irreversibility of the socialist character of the revolution, which is approved in a plebiscitary process in the course of which more than eight million voter signatures were collected

ENVIRONMENTAL CONSTITUTIONALISM

The art of governing must start from a series of knowledge, knowledge that allows foreseeing possible future scenarios in order to make possible effective State action. The new states are deeply marked by an attempt to place limits on power, and this is done through constitutionalism. Which is also marked by the environmental dimension.

The ultimate goal of any constitution is to achieve better governance. Such is understood as the action of directing, leading men, things and relationships that arise between one and the other, or between each other, respectively. Within these elements is logically nature and the environment.

However, the environment becomes a value that can be constitutionalized in a precise political situation. The finiteness of natural resources and the deterioration of the environment were leading to social and economic problems with unforeseeable consequences. Therefore, it is necessary to give concrete and quick responses, for which legal instruments were needed to give an image of legitimacy to the required actions.

The Constitution is, from the moment the rule of law is established, the only viable mechanism to organize the State according to precise objectives and values. Legitimacy must then be sought in constitutions as the source of legal and legitimate power. In other words, with origins in the people, who act as a constituent power or through their representatives. From the constitutions the consensus of the society is achieved around values ​​that acquire binding legal force when they are enshrined in the texts of the fundamental letters. The constitutionalization of the environment is closely linked with the creation of new collective rights and as a new fundamental human right.

Legal norms are required to develop this point, so “it can be affirmed that the future of the matter (the environment) will be oriented towards the internal and international normative systematization of environmental law, the creation of the corresponding guardianship bodies, and the definition of the procedures that make possible and facilitate the enforceability of respect for such rights. The environment, turned into a paradigm of obligatory inclusion in the action of the States, must be included in the constitutions. Thus it appears converted into a new fundamental right, of obligatory protection on the part of the State and duty of the citizens.

Contemporary constitutions, that is to say those that have been elaborated from the decade of the seventies, are those that recognize this new value as a fundamental part of the action of States and citizens. The goal of including the environment in constitutions is nothing more than an attempt to create variables around a new art of governing. The existence of a constitutional norm that guarantees the protection of the environment and ecology conceived as the duty of the State and as the right-duty of citizens, favors the progress of legislation, since from there the system as a whole will find the support in a new institutional regime of its own.

The environment is not detached from the economy, it is part of a new development scheme. On the one hand, it serves as a response to a series of demands from society, and on the other, it faces a limitation of uncontrollable technological development. It is necessary to reconcile the tension between development and the environment, otherwise it would lead to the self-destruction of the economic model, caused by an overuse and exploitation of renewable natural resources and the environment.

This is achieved, among other points that serve the same objective, including the environment as a new paradigm in these relationships. Responding to social demands without changing existing development models at a critical moment such as those experienced in the 1970s also coincides with social unrest in all societies and at all levels. Consumer societies are questioned, the conception of man as a simple economic instrument is violently contested. It even goes as far as to rethink man's relationship with nature. The political system should be reformed, the links of social relations and of these with the State should seek new links.

From that moment on, the protection of the environment becomes a need to deepen democracy. Environmental protection obligations are established simultaneously with principles that seek to change the development model. Improving the quality of life is closely linked to the conservation of natural resources and environmental protection.

ENVIRONMENTAL CONSTITUTIONALISM IN COMPARATIVE LAW.

The process of “greening” of the Latin American Constitutions was recognized in the final Declaration of the Symposium of high-level Latin American judges, on environmental law and sustainable development: Access to environmental justice in Latin America, carried out in the year 2000, in Mexico City.

In the letter of the same in its number five it is affirmed: “The wide reception that the basic principles of the protection of the environment have had, in the last decades of the 20th century, in the political constitutions of the countries of the region".

Let's see how it has been accepted, in the Constitutional Law of the Central American countries in environmental public participation.

Costa Rica

Political Constitution of the Republic of Costa Rica, 1947 (includes the reform of September 15, 1997)

Title IV. Individual rights and guarantees

Single chapter

Article 46.- Monopolies of a particular nature are prohibited, and any act, even if it originated in a law, that threatens or restricts the freedom of commerce, agriculture and industry.

Consumers and users have the right to the protection of their health, environment, security and economic interests, to receive adequate and truthful information; to freedom of choice, and to fair treatment. The State will support the organisms that they constitute for the defense of their rights. The law will regulate those matters.

Article 50.- The State will seek the best welfare for all the inhabitants of the country, organizing and stimulating production and the most adequate distribution of wealth.

Everyone has the right to a healthy and ecologically balanced environment. Therefore, it is entitled to report acts that violate that right and to claim redress for the damage caused.

The State will guarantee, defend and preserve that right. The law determines the responsibilities and penalties.

Nicaragua

Political Constitution of Nicaragua, 1986 (includes the reform approved in 1995)

Title IV.

Rights, duties and guarantees of the Nicaraguan people Chapter II. Political rights

Article 50. - Citizens have the right to participate on equal terms in public affairs and in state management. Through the law, the effective participation of the people will be guaranteed, nationally and locally.

Panama

Political Constitution of the Republic of Panama, 1972 (modified by the reform acts of 1978, by the Constitutional act of 1983 and legislative acts 1 of 1983 and 2 of 1994)

title III.

Individual and social rights and duties

Chapter 4th. National culture

Article 76.- The State recognizes the right of every human being to participate in culture and therefore must promote the participation of all the inhabitants of the Republic in the national culture.

Article 112.- The communities have the duty and the right to participate in the planning, execution and evaluation of the different health programs.

Chapter 7. Ecological regime

Article 115.- The State and all the inhabitants of the national territory have the duty to promote social and economic development that prevents contamination of the environment, maintains the ecological balance and avoids the destruction of ecosystems.

THE ENVIRONMENTAL CONSTITUTIONALISM IN CUBA.

The transformations carried out since the revolutionary triumph by the Cuban state; where the main objective was to raise the level and quality of life of the people in its broadest concept, principles on which the sustainability of development is currently argued. What has had a direct impact on the environment, allowing from the first years to achieve the first achievements.

In the First Congress of the Communist Party of Cuba, held in 1975, the Theses on Scientific Policy were approved, in which the need to create an organ for attention to environmental problems was underlined, noting that: «… with the In order to give special attention to these problems, it is necessary to create the corresponding national body with the required authority, which recommends the legislative measures and the recommended technology for the protection and improvement of the environment and the rational use of our natural resources.

The legal protection of nature, the environment and natural resources as a human right constitutes a conquest of the second half of the 20th century. The environmental legislation in the world, as it is known, is relatively recent.

The Stockholm Declaration of the United Nations on the Human Environment of June 16, 1972 and the trends in the world on the subject, have constituted a motivation for the adoption by the States of legal instruments, of constitutional rank, for considering the protection of the environment an essential principle for the existence and development of the human person. Previously, the regulations mainly referred to human health and economic resources and activities such as hunting or fishing without a comprehensive conception of the environment.

Cuba was one of the first States in the implementation of this policy, set forth in Article 27 of its 1976 Constitution and other concordant articles. In addition to the Stockholm Declaration, there are numerous conventions and declarations that, in the last decades of the 20th century, have been adopted by States, institutions and organizations, and more and more countries are establishing the issue of environmental protection in their constitutions. environment and nature.

Since the 1976 Constitution, the Cuban State has approved extensive legislation, including regulatory provisions, aimed at achieving the proposed objectives and which has generated adequate application and the adoption of numerous specialized technical-legal measures, as well as the making sustained efforts with a deep social and human sense.

Cuban legislation corresponds to the most advanced currents in accordance with the increasing transcendence that the subject acquires by virtue of social, scientific and technological development, promoted by international organizations and by social movements and personalities, in congresses, meetings, conferences, meetings, symposia and workshops that have taken as a center of interest the interrelation between man and nature and human development.

Starting in 1972, they included the subject in their constitutions, in addition to Cuba (1976) and Spain (1978), other countries in Latin America and the Caribbean, including Brazil, the Dominican Republic, Costa Rica, Peru, Colombia, Nicaragua, Uruguay, Chile and others. Equally countries from other continents.

It is necessary for the author to recognize that the Recommendations of the Earth Summit, (Rio 1992), despite the breadth of legislation and by virtue of their recent adoption, we can affirm that there are really few constitutions that have included them in their articulated, among them we can mention those of:

  1. Cuba (Reform of July 1992), Argentina (Reform of 1994) and, Venezuela (1999)

However, other countries have embodied many of these Recommendations in their ordinary legislation. There were many Cuban scientists who, in their vocation to protect man through their science, linked it to a high humanistic purpose. We cannot fail to mention the valuable contributions of the German sage Alexander Humboldt in the early 19th century. In our country there are rich traditions referring to a culture of nature.

In his historic defense in 1953 on the occasion of the trial for the events of the Moncada Barracks, known as the History Will Absolve Me, where the then Dr. Fidel Castro assumed his own defense, raised in the program of the revolutionaries the importance of the environment, health and the well-being of man.

The aforementioned background and the social justice policy of the Revolution materialized in the work carried out since 1959, together with the encouragement of the movements of progressive elements in the world and according to international declarations and meetings and specifically the mentioned Stockholm Conference is consigned expresses in the 1976 Constitution of the Republic in Article 27 of Chapter I concerning the Political, Social and Economic Foundations of the State the protection by the State of the environment and the natural resources of the country.

In the Constitutional Reform carried out in July 1992, the aforementioned Article 27 was updated in response to the Recommendations of the Earth Summit carried out in Rio de Janeiro, just one month earlier, in June of that same year. Among the new concepts introduced are those relating to the protection of the country's environment and natural resources in their connection with sustainable economic and social development.

Bear in mind that the environment, its preservation and its sustainable development constitute for our State a matter of principle that is part of the foundation of its conception of the development of society. The concepts indicated in those mentioned in the Recommendations of the River Summit were accepted, for the first time in a Constitution in the world, in that of our country, since, in addition to constituting a prioritized interest of the State as part of its environmental policy, due to the circumstance that the constitutional reform was carried out just one month after the Summit and was in a position to include aspects of fundamental importance.

In Article 11, when specifying the exercise of sovereignty in the territory, the waters and the air space, it includes the environment and the natural resources of the country

The Constitution establishes, in its articles 105 and 106, respectively, in both cases in subsection g), among the powers of the Provincial and Municipal Assemblies of People's Power, to determine, in accordance with the principles established by the Council of Ministers, the organization and operation among other activities related to the environment.

These aspects are also recorded in the Regulations approved by the Agreement of the Council of State of September 13, 1993, of each of these assemblies, All this has determined that in provinces and municipalities together with the delegate of the Ministry of Science, Technology and Environment create working groups that ensure the achievement of such objective and that carry out a truly significant work in relation to the dissemination, prevention and attention to situations that have arisen or could arise locally regarding the most appropriate application or violations of the various regulations established pursuant to those established in the constitutional requirements contained in the letter of the Constitution of the Republic.

CONCLUSIONS

  1. It should be noted that modern constitutionalism starts from the era of the liberal revolutions of the eighteenth century (French Revolution, American emancipations, etc.) in response to the Old Regime and its absolutist or authoritarian system. We can say that; With liberalism, constitutions become more concrete and developed than at any other time in history. The development of modern Constitutionalism is dedicated to the study of procedures that ensure adequate protection of recognized rights. This process was the recognition of Human Rights which, since then and increasingly, has been more widely accepted as an essential part of any constitution. There is no doubt that the History of Cuban constitutionalism begins in 1812, with the promulgation of the Constitution of 18 March 1812 as a result of the Cortes de Cádiz, which gave constitutional organization to the entire Spanish empire and consequently to the Island of Cuba that was part of its territory.The new States are deeply marked by an attempt to place limits on power, and this is done through Constitutionalism. Which is also marked by the environmental dimension.The wide reception that the basic principles of environmental protection have had, in the last decades of the 20th century,in the political constitutions of the countries of the region. A placing Latin American countries in a vanguard position in modern constitutionalism in the environmental field and provides a solid basis for the development of secondary legislation, as well as for the very work of the operators of Law, which are called to guarantee the integral validity of the constitutional norms, among them those that refer to the environment. Our country (Cuba) has been one of the first States in the implementation of the environmental policy included in the different Environmental Summits.as well as for the own work of the operators of the Law, which are called to guarantee the integral validity of the constitutional norms, among them those that refer to the environment. Our country (Cuba) has been one of the first States in the implementation of the environmental policy included in the different Environmental Summits.as well as for the own work of the operators of the Law, which are called to guarantee the integral validity of the constitutional norms, among them those that refer to the environment. Our country (Cuba) has been one of the first States in the implementation of the environmental policy included in the different Environmental Summits.In addition to the Stockholm and Rio 92 Declaration, there are numerous conventions and declarations that, in the last decades of the 20th century, have been adopted by our country regarding the protection of the environment. In accordance with the provisions of Article 27 of the 1976 Constitution of the Republic and ratified in the constitutional reform carried out in the country in 1992.

BIBLIOGRAPHIC REFERENCE

-Martín Mateo, Ramón 1991. Environmental Law Treaty. Edit. Trivium, SA Madrid, Spain.

-Jaquenod, Silvia. Environmental Law and its guiding principles.

-Brañes, Raúl 1994. Manual of Mexican environmental law. FCE, Mexico, pp. 35.

-Franza, Jorge Atilio. Argentine and Latin American Environmental Law Manual. Second edition. Legal Editions, Buenos Aires. 1997

-DE CASTRO, B.: Ecology: from Reasons to op. cit. P. 136 et seq.

-ARA PINILLA, I.: «Third Generation Human Rights in the Dynamics of Democratic Legitimacy», in The Foundation of Human Rights, by MUGUERZA, J. and others, Ed. Debate.

- BELLVER CAPELLA, V.: Ecology: from reasons to…, op. cit. P. 272

- DALLA VIA, Miguel Angel Manual of constitutional law, Buenos Aires: Editorial: (2004 1st Edition), Lexis Nexis. ISBN 978-987-1178-04-9

- Macías Gómez Luis Fernando: The environment: element of a new art of governing. Towards an environmental conceptualization of the reason of state as an attempt to explain the management of environmental conflict. Bogotá D. C May 2004.

- BIDART CAMPOS, Germán J. (2007. 5 Volumes), Elemental Treaty of Argentine Constitutional Law, Buenos Aires: ISBN 950-574-079-4.

DOCUMENTS AND CONSULTED LEGISLATIONS

1. Mexican bulletin of comparative law ISSN 0041-8633 printed version. Mexico 1995.

2. Declaration of the United Nations Conference on the Human Environment Stockholm, June 5 to 16, 1972.

3. Constitution of the Republic of Cuba of 1976

4. Theses and resolutions of the First Congress of the Communist Party of Cuba. Political Editor, Havana, 1976.

5. United Nations Conference on the Human Environment, meeting in Stockholm from June 5 to 16, 1972.

BIBLIOGRAPHIC REFERENCE OF INTERNET

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3. History of Cuban constitutionalism. (2007, June 16). Wikipedia, The Free Encyclopedia. Date of consultation: 20:40, November 9, 2007, in the following Web page.

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6. For more information see AFTALION, Enrique (1994). Introduction to Law (4th ed.), Buenos Aires: Abeledo-Perrot, ISBN 950-20-1596-7 Retrieved from "http://es.wikipedia.org/wiki/Norma_jur%C3%ADdica".

From modern to environmental constitutionalism and its influence in Cuba