Tuesday, December 9, 2008

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C CONSTITUTION IS WRITTEN WITH CONSENSUS.

Constitution is written with C of consensus, with C of harmony, with C of conformity.

And this is because there is a Constitution that has previously been established assent, consent, an approach, through which some assign or waive specific positions or personal, in order to allow can be reached agreements and understandings with others. These agreements, which allow the enlargement and strengthening to achieve the common goal: the creation of a legal instrument establishing the rules of peaceful coexistence between citizens of a country.

To this end, political and social forces must implement a set of laws based on equality, freedom and tolerance. For Consequently, these laws can not serve any political party, but the ordinary citizen. Before setting boundaries or barriers, rules or laws set forth in a constitution should convey the feeling that the society that normalizes their coexistence by the legal framework of these laws, it does breathing the same air we breathe freedom.

The Constitution can not be ruled by oppressive rules that limit the political, social or economic common citizen, but by a group of laws that despite its generic nature, elusive and invisible, serve as a compass or legal framework for establishment of both political structure the forces of the country, and the laws and regulations necessary to ensure the good health of the society which is due, and which is justified.

The Constitution, therefore, can not be employed by one individual or a group of economic, political or religious group, as it would deny its essence.

On December 2, 2007 the Venezuelan people were subjected to a constitutional referendum, which was flawed in its context, because what harmed the intended reform to an extent the structure of the Constitution, which legally is that legal had dissolved the Assembly, had called for the election of a new and it had then had the task of drafting a new constitution.

The 1961 Constitution established a presidential election for a period of 5 years and immediate re-election not beyond that period. The new government of President Chavez wanted to change this and therefore it was necessary to the dissolution of a democratically elected Congress in 1998 and the call for the election of a new Constituent Assembly.

As its name implies, this assembly was responsible for drafting a new constitution. The laws of this Constitution are, in general terms, similar to 1961, except in regard to legislative and executive powers. The Constitution of 1999 removes the bicameral nature of Congress, establishing only one chamber of deputies; increased the presidential term to 6 years and allows the president to be reelected immediately for a second term, but limiting the possibility of a mandate to only those two periods. With that guarantee the principle of rotation that allows all citizens to aspire to rule the destiny of their country. This alternation in power, is the cornerstone of any democratic system. It is the manna that fed the Republic. Hence, the legislators who drafted the 1999 Constitution were very careful to set limits on the possible wishes perpetuation in power for whoever came to be elected to the post of president for the Venezuelan voters.




The result of this referendum done wrong, it is well known. The unrest that it was in the mind of President Chávez, was reflected in the knuckles of their hands in an exaggerated form. We can speak here of extreme somatization defeat.




Now, just as on December 2 was a year that the Venezuelan people said no to the possibility of a presidential term (between other changes made) we find that again is the intention to present to the people the presidential term, but now under the guise of a constitutional amendment. It looks so, a new legal framework that gives legality to what is already obvious, is not only a personal desire to remain in power, if circumstances permit.

But the problem is that the proposal or aspiration of President Chavez can not be All in as an amendment, as amended means correct. That is, change, modify or correct something that is badly expressed or presented incorrectly in the spirit of our Constitution. And that's not the case. Parents of the Constituent Assembly of 1999, did not commit any error, neglect, omission or misrepresentation, when confined in a limitation permanence president in office, whoever he was. Moreover, contemplated the possibility of amendments to the Constitution, but made it clear that these amendments can never alter the fundamental structure of the Constitution . Pretending to modify the reelection of a period of 2 consecutive re-election indefinitely, violates the spirit of this Article N ° 340.

I'm sure the legislators who drafted the 1999 Constitution, aware of the historical significance that represented the establishment of this Constitution for the new Bolivarian Republic of Venezuela, were very present the words of the Father of the Nation in the Congress of Angostura in 1819:




constitution - constitutional amendment - constitutional reform - presidential reelection - Venezuela

constitution - constitutional amendment - constitutional reform - - Venezuela

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