Independent and constitution, trapped without exit

Independent and constitution, trapped without exit

By Álvaro Ortúzar, lawyer.


The agreement reached by political parties prevents, in practice, that independent people can participate in the drafting of the new Constitution. The vast majority of citizens do not militate in any political party or have any interference in the mechanisms to select the commissioners. It should not be forgotten that the true independent is the one who does not share the programs of political organizations, does not sympathize with any party current or, simply, does not interest or disapprove of the management of the parties. He has his own enlightened thinking. Nor are public figures, either for their activities or because they prefer not to have it. Then, the university professors and lawyers with deep legal knowledge, exjudes or ministers of the Court of Appeals, Supreme or Constitutional Court, known and respected only between their peers will be left out.


The agreement reached by political parties prevents, in practice, that independent people can participate in the drafting of the new Constitution. The vast majority of citizens do not militate in any political party or have any interference in the mechanisms to select the commissioners. It should not be forgotten that the true independent is the one who does not share the programs of political organizations, does not sympathize with any party current or, simply, does not interest or disapprove of the management of the parties. He has his own enlightened thinking. Nor are public figures, either for their activities or because they prefer not to have it. Then, the university professors and lawyers with deep legal knowledge, exjudes or ministers of the Court of Appeals, Supreme or Constitutional Court, known and respected only between their peers will be left out.


The fundamental objective that should have reached the agreement for the selection of commissioners that contributed to the preparation of the fundamental letter demanded the participation not only of politicians. This has been frustrated. The background and preparation of those who do not militate or ascribe to the ideas of the parties will not be taken into account. If they want to participate, they will be obliged to give up their independence and thus, almost implore, to obtain the candidacy with the sponsorship of a party or the meeting unattainable adhesion firms. This matters obvious discrimination. No party has delivered details of what, according to its programs, must be part of the matrix of the new fundamental letter. It is arbitrary to be required to apply for their sponsorship, without knowing their real ideology before.


It is evident that the parties and authorities that reached the agreement established the selection mechanisms thought only of them and their supporters. Among the four usual walls, they have imposed requirements and conditions impossible to meet. In a nutshell, the hegemony of writing the Constitution was attributed and arbitrarily excluded people with sufficient preparation. In the fact, its writing will revolve on a single axis: the political position of the parties, without looking at the country and the desirable social order, but its own postulates.


It would have been more reasonable that, warning this reality, it would have been agreed that the independent interested parties be selected, for example, with a nomination before the plenary of the Supreme Court, after surrender of an exam; Even before the Senate, in front of a Joint Commission of Parliamentarians experts in Constitutional Law; or at the proposal of universities under objective academic requirements, among other serious, reflective and country vision, to name a few.


The independents, at the end of the day, have been out of the process, trapped without exit by the political parties.

Contact

To contact us please use the following information:
Send your query by email to: contacto@ovb.cl or
Telephone: (56-2) 2580 2180