Democracy impossible as possible Smart Alfredo Jocelyn-Holt Former President Ricardo Lagos has published its policy ideas Chile 2030 without including a proposed new Constitution and then noted in an article published in The Counter their "match around to keep thinking how we are able to provide ourselves with a new constitution, defined in a democratic and citizenship. "
We respectfully say that from the political point of view to focus the debate on the future of Chile, around seven strategic challenges there raised, it seems entirely inadequate and restrictive. If we are talking about the Chile of 2030, we extend the invitation to all Chileans to involve all who will be its main protagonists, namely the entire citizenry, particularly the young. Let it is them who believe and do not primarily intend to represent the country they will govern.
recognize the enormous value of the constitutional reform of 2005 and previous modifications to the Magna Carta since 1989 to date. However there is one statement in the article by the former President to not share at all and that is their great mistake, and is the idea that the constitutional reform of 2005 eliminated all authoritarian enclaves except the binomial system.
The constitutional reform of 2005 that Mr. Lagos presided it also served to validate and in some cases strengthened by signing and ceremony in La Moneda, some of the most authoritarian features of our Constitution . Today in Article 1 and keep following the reference to national security, which is a doctrine that requires the existence of the internal enemy. Yet Article 9 establishes standards on terrorism that contradict basic principles criminal law. Some of the rules on nationality and citizenship of Chapter 2 of the Constitution violate existing human rights treaties in Chile. In addition, Article 23 validates the constitutional level corporatism to maintain a separation between politics and archaic "intermediate groups" or "guilds." Today the whole chapter 3 of the Constitution protects the state noninterference rights but does not guarantee the same force equality in employment, health, education and other rights. This lack of security seems to some politicians a doctrinal issue, but for the vast majority of citizens, are authoritarian enclaves, leaving them defenseless against the abuses of the AFP, ISAPRES, private universities and business organizations.
Regarding the organizational aspects the Constitution maintains a trait exacerbated authoritarian presidency, increasingly, from 1925 to date. Despite their enormous power, yet releasing the Directors of the Central Bank and the Constitutional Court of political and constitutional, it remains a National Security Council and a full chapter dedicated to the Armed Forces in the Constitution that is not compatible with Republican constitutionalism. Even more, the Council Homeland Security now reinforces the authoritarian nature of presidential and military civic Caesarian so characteristic of the Chilean Constitution. This constitution does not value and hinders the participation of citizens.
communication consultants are hired to make the transition from closed, while new items are added to the transitional charter. While there are transitional provisions is our constitution, we will not have full democracy. Constitutional organic laws and abstruse constitutional control mechanism, is another barrier to anti-democratic in our Constitution. Finally, There are so many and such deep matters requiring reform be alarmed when former president named as the issues simply semantic.
why we agree with Mr. Lagos when he says that "we are able to provide us with a new Constitution defined in a democratic and citizenship," but do not share his idea that we can now only do so. In the presidential campaign of 2009 all political forces, including the right was open to the possibility of a deep constitutional change in areas such as regionalization, the balance between the President and Congress, the revision of constitutional control system. The need for a new constitution for Chile does not arise solely from the year 2005 or even now. Is there and this has always been lacking in the political class will do it.
As with the theory of justice as far as possible on the constitutional issue is to have a similar axiom that democracy is as far as possible. The leadership of the Concertación has finally accepted as a fully democratic and calling for the disqualification semantic critics of a system that excludes large segments of the population, such as minority electoral union, racial, religious etc. Accepted a fundamental charter that establishes or guarantee the health and education as rights, that does not adequately protect natural resources and submit your application for discretionary and technocratic systems easily become arbitrary and profitability for fishermen. Validated a model based only on the market rather than equity, which reinforces the centralization and concentration of power it delivers to the directives of the party with very little basis for representation, the monopoly of political activity as not providing demands internal democracy, transparency in the use of resources, standards etc. loyalty. A policies these parties gives them super powers, which seem powers to their political preference, such is the power to choose and administer judicial authorities via parliamentary agreements, appoint replacements in case of vacancy of the post of parliament, and closes the circle of the arbitrariness with consecration of parliamentary secrecy in Article 5 of the Act of Congress.
For the current leadership of the Concertación greater democratization is reduced to a minimalist policy reform is to change the electoral system, perhaps only increasing the quotas of the Senate and House, along with allowing unrestricted voting rights of Chileans abroad and for public funding to political parties. A leadership that does not care about young people and persecute independent and fractious. He has reneged on campaign promise to expand the electoral roll to find now that you can lock the electoral reform rhetoric with the requirement of compulsory voting because no constitutional change is processed as serious. Is not responsible for the lack of legitimacy of the political system, derived from the exclusion of 40% of Chileans who may be eligible to vote. MPs of the Alliance and the Coalition voters are more comfortable with acquaintances and tied (for compulsory voting and the binomial) that incorporating new voters in their districts. As stated by the current President of the DC, are met by a party democracy, and is so secure its position of privilege, it does not matter if the parties work. Never mind that a quorum is not met to oversee the problems of Region VIII, arrears and fraud in the reconstruction, the case MINVU-KODAMA and that the Alliance "early bird" asking for commissions of inquiry that they were not able to establish. The Chileans want a new constitution for the Bicentennial. Would not be the right and the Alliance parties to take this issue seriously and again dragged its feet, get up early to Coalition policy.
The leadership of the Coalition has never really played for choosing the regional authorities and the decentralization of sector funds. Nor do they believe in devolution. These are some of the themes of the new Constitution and semantics are not as wrong as saying the former president. The discussion is in the background. The Blue Ocean constitutional proposal is to encourage development that Chile needs through an agreement country to convene all Chilean workers, employers and government, to build a new social and democratic state of law. To It requires a constitutional reform proposal is not purely semantic or mere question of verbiage and denomination. What is proposed is to follow the model of the developed OECD countries, with which we hope to partner in an increasingly narrow. The State have proposed to define it as social legally secure a stable financial and a safety net which is formed with the rights of labor, education, health, social security and unionization among others. This network guarantees a minimum through programs, laws and even the Constitution to reduce the discretion of governments in their provision. It also must be based on dialogue permanent and balanced between employees and employers. All these ideas require deep constitutional reforms.
The state is defined as democratic centralism waiver has served both the neoliberal evangelists to control the country without bringing public issues to public discussion and it redistributes the power of deeper and more participatory at central, regional and community and give more voice and authority to citizens. This new spirit of public service more participatory in all areas of government will promote creativity and entrepreneurship public and private and a culture of duties and responsibilities that entails a new Republican way of thinking the people of Chile in its political, social and economic. Finally, we propose an end to all forms of exclusion, such as lack of representation of the parliamentary left, that of those who can not vote because they live abroad or lack of recognition of our peoples. To make this change profound constitutional changes should be adopted and the Government should introduce technology more evenly to manage resources in all Chileans more efficiently in each of these new bodies of power. This project is progressive because it expresses the ideals of the center and left, because it adds great majority of this new republican vision that expresses the best of our Chilean tradition.
We agree with Mr. Lagos that a new constitution should come from popular sovereignty, but the former President has not yet ruled on the merits of the proposed charter. It also requires a procedure also feasible to get to discuss the new constitution to decide on the merits and benefits of an Assembly or a Constitutional Commission. In short, Ricardo Lagos to rule against our constitutional Leopard. That says if you want a new constitution of truth, or if in respect to our fundamental charter prefers to repeat the famous saying of I love you, little and nothing. If you are against democracy restricted to the extent possible. If you want to end up with a fundamental Charter so far in too many areas has been very important indeed to disprove justification representative and participatory democracy in Chile. There remain still some of our criticisms of the document of Mr. Lagos on Chile 2030 to include references to a tax reform, education, participation and others that Chile needs. They'll come.
