The constitutions vs their amendments and encomiendas?
By: Luis Beltrán Guerra G. - 15/09/2023
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The Royal Spanish Academy describes the Constitution as “the fundamental law of a State, with a higher rank than the rest, which defines the regime of the rights and freedoms of citizens and delimits the powers and political institutions.” It is read that one of the first was that of England, from the year 1215, whose authorship is attributed to "King John", who, despite "not having lands" (he was called Juan Sin Lands) perhaps because he was lazy, governed nothing. more and less than during “17 years”. Despite being credited with being “the initiator of the constituent process”, he went down in history as one of the “worst kings” due to his anger, violent reactions, irritability and failures. The sources refer, however, to the Republic of San Marino, whose “Magna Carta” consists of the so-called “Statutes of 1600”, inspired by the “Corpus Juris Civilis (qualified as “the great legal monument whose compilation was ordered by the Emperor Justinian and in which legal knowledge is collected and, therefore, a decisive pillar in world legal history), as well as by “ Roman uses and customs. For some it is “the oldest constitution of any sovereign state in the world.”
As for the recipients, it is appropriate to note that the linguist Martha Hildebrandt, when referring to the “ordinary citizen” considers that he is “a normal and ordinary person” and that he does not have a pejorative load. But in other sources, he is “she who has been left behind.” The communicator Camilo Herrera writes that “for a long time he has been hearing that “public policies should also be for “the common people…” And, he adds, “I am not… because I have a car… But in many things I am "He treats me like anyone else, in others better and in some he doesn't even treat me." We believe that it is a consideration that can be used in “the low-level political language, unfortunately, in which it most abounds,” to refer from the tribunes and squares to “those most in need of the attention of the State,” that is,
Constitutions emerge as the urgent need to indicate the guidelines, according to which human behaviors develop in the most balanced way possible. It is like the extension of individual agreements to those in which the collective interest is at stake. Three ancient philosophers are credited with having typified them as “the social contract”, that is, “the agreement between citizens that even gives birth to the State itself.” Also understood as “a theory that explains the origin and purpose of the latter and the maximization of the inherent rights of those who comprise it.” In a more real context, “the agreement between citizens”, which in some hypotheses constitutes the source of the State itself, although in others, perhaps, it is from the latter from which they derive through its recognition. Three prominent philosophers of antiquity, the Swiss Jean-Jacques Rousseau, and the English Thomas Hobbes and John Locke are credited with the creation of such an important doctrine, its foundation and principles. Today, with all its consequences, not all of them positive, it continues to be the support of the “constitutional state.” That is, the one subject to the Law and generator, in accordance with it, of rights and obligations in the head of each natural or collective person. The constitutions, keeping the relationship with what has been explained, constitute “the determining, main and hierarchical source of the complex of laws and other precepts that support democratic societies, as well as those that are not. Therefore, it is not difficult to distinguish the democratic “magna carta” from those that are opposed, the latter a few, particularly, If you take into account those who say they are, but are not. And qualified as “liars”.
It is known that constitutional regimes are made up of “the primary precepts”, those with which the “Text” is born. Also called articles or rules. But they also include “amendments”, derived from tentative and transitory regulations regarding certain situations, which are written in the original wording, as well as the (“amendments”) that would be incorporated later, in order to to regulate unforeseeable situations when the “Law of Laws” acquired mandatory observance. This is “the social contract”, according to which the republic will be governed for the sake of its development and consolidation. It is the source of developed and underdeveloped countries, first and third world, rich and poor.
The validity of the constitution brings with it "ipso iuris" the obligatory nature of its "mandates", which in this essay we assimilate as "constitutional encomiendas", since in essence they are "commissions" from the "Constituent to its constituents", as It is limited to the “people”, to which rulers and governed are integrated. The effectiveness of the “constitutional order” begins to depend on the implementation of “what is entrusted.” That is, the “social contract”. And this applies with respect to “the principals and the agents,” that is, “those who entrust (encomendantes) and those entrusted.” It is clear that with regard to the latter, including the rulers, “the duty to comply” is defining.
“The media” reveals the diversity of distortions that are generated in the world of “constitutional encomiendas.” Tests, Emiliano Monge offers a selection of books to read in the week where the democratic breakdown of Chile is analyzed, through the coup d'état of Augusto Pinochet and a few years of dictatorship, Boric, current President, calls Daniel Ortega a dictator , that of Nicaragua, for Petro, of Colombia, Ortega does the same as Pinochet, Xi Jinping, of China and Maduro, of Caracas, announce in Beijing the reinforcement of their strategic partnership and the Venezuelan assures that ties with China are a “ Model for relations between the countries of the global south", but some experts express that the relationship between the Asian country and the Caribbean is based on the debt of the latter to the former, in the Spanish monarchy that Franco restored, convinced that otherwise following his death the fate of the Peninsula was uncertain, the Popular Party relatively benefited in the recent elections does not know what to do with the victory and the current Head of Government plays with the amnesty in Catalonia to obtain the votes he lacks in the Chambers to remain President. Evidence of a world lurching and over there in the other and for quite some time now Jean-Jacques Rousseau, Thomas Hobbes and John Locke have been looking at “the social contract” to see how they improve it. And perhaps they will convince themselves that they have to invent something more effective. The Popular Party, relatively benefited in the recent elections, does not know what to do with the victory and the current Head of Government is playing with the amnesty in Catalonia to obtain the votes he lacks in the Chambers to remain President. Evidence of a world lurching and over there in the other and for quite some time now Jean-Jacques Rousseau, Thomas Hobbes and John Locke have been looking at “the social contract” to see how they improve it. And perhaps they will convince themselves that they have to invent something more effective. The Popular Party, relatively benefited in the recent elections, does not know what to do with the victory and the current Head of Government is playing with the amnesty in Catalonia to obtain the votes he lacks in the Chambers to remain President. Evidence of a world lurching and over there in the other and for quite some time now Jean-Jacques Rousseau, Thomas Hobbes and John Locke have been looking at “the social contract” to see how they improve it. And perhaps they will convince themselves that they have to invent something more effective. Thomas Hobbes and John Locke look at “the social contract” to see how they improve it. And perhaps they will convince themselves that they have to invent something more effective. Thomas Hobbes and John Locke look at “the social contract” to see how they improve it. And perhaps they will convince themselves that they have to invent something more effective.
US Senator Mitt Romney has announced that he will retire from Congress when he turns 76, demanding that Trump and Biden make way for a new generation. He proposes, therefore, that they withdraw their aspirations to be President for the second time, emphasizing that "the next generation of leaders must lead the United States to" the next stage of global leadership. Romney is assisted by “The Church of Jesus Christ of Latter-day Saints” in which it is preached “We reach out not only to our own people, but also to people of good will throughout the world, in that spirit of brotherhood that comes from the Lord Jesus Christ.” Biden is faced with age-related difficulties and Trump, who, by the way, is not that young, faces a series of legal proceedings, including, perhaps, the most important from a political point of view, being identified as one of those responsible for the attempt to ignore Biden's victory in the last elections, for some "an attempted coup d'état." And the prominent constitutionalist Laurence Tribe, “Professor Emeritus of Harvard”, has wielded the “Fourteenth Amendment - Section 3 -”, whose text is “No person may be a Senator or Representative in Congress, or an elector of President and Vice President, or occupy any office, civil or military, in the United States or in any State, who, having previously been sworn in, as a member of Congress, or as an officer of the United States, or as a member of any state legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, has participated in an insurrection or rebellion against it, or given help or comfort to its enemies. But Congress can, by a two-thirds vote of each House, eliminate said disability.” Given Tribe's assessment, the co-director of the Miller Center of History at the University of Virginia, Russell Riley, raises the inconvenience of applying the precept, since it could be understood, by a few Republicans, that the Constitution would be being used to disqualify an opponent And that the same strategy could be used in the same sense with respect to a Democratic candidate. “The formal and the substantial” has been on more than one occasion a duality in the application of the Law and hence the title of this essay. But Congress can, by a two-thirds vote of each House, eliminate said disability.” Given Tribe's assessment, the co-director of the Miller Center of History at the University of Virginia, Russell Riley, raises the inconvenience of applying the precept, since it could be understood, by a few Republicans, that the Constitution would be being used to disqualify an opponent And that the same strategy could be used in the same sense with respect to a Democratic candidate. “The formal and the substantial” has been on more than one occasion a duality in the application of the Law and hence the title of this essay. But Congress can, by a two-thirds vote of each House, eliminate said disability.” Given Tribe's assessment, the co-director of the Miller Center of History at the University of Virginia, Russell Riley, raises the inconvenience of applying the precept, since it could be understood, by a few Republicans, that the Constitution would be being used to disqualify an opponent And that the same strategy could be used in the same sense with respect to a Democratic candidate. “The formal and the substantial” has been on more than one occasion a duality in the application of the Law and hence the title of this essay. raises the inconvenience of applying the precept, since it could be understood, by a few Republicans, that the Constitution would be used to disqualify an opponent. And that the same strategy could be used in the same sense with respect to a Democratic candidate. “The formal and the substantial” has been on more than one occasion a duality in the application of the Law and hence the title of this essay. raises the inconvenience of applying the precept, since it could be understood, by a few Republicans, that the Constitution would be used to disqualify an opponent. And that the same strategy could be used in the same sense with respect to a Democratic candidate. “The formal and the substantial” has been on more than one occasion a duality in the application of the Law and hence the title of this essay.
The writer is aware that the United States continues to have one of the most serious democracies in the world, but it cannot be denied that today it does not escape critical demonstrations. Ask God for help so that “the guarantor of humanity's peace” does not continue to decline. It has been one of the “constitutional tasks” that they have assumed and if it disappeared, its consequences would be catastrophic.
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