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Among them -due to the moment when it was signed and written, the late seventies- the fact that it gathered an important legal consensus regarding guarantees, distilled all along the 20th century, mostly, after the II World War. As a result, our fundamental rights, for instance, as well as the mechanisms to protect them are solid and civilized. This entire legacy must be esteemed and protected. This is easier to do with a more limited reform.
For example, regarding fundamental rights, different changes could be put forward. Those that could contribute to the experience already gathered: for instance, the right to universal healthcare could be introduced, even if the practical consequences of such an implementation would be mostly scarce, at least if we behave with immigrants as we have been doing in Spain recently. Because the fact that the Constitution can be amended easily if there is support to do so, is not a bad thing, but a good thing.
The Spanish Constitution of knows also obvious deficiencies, and these deserve attention too. This, by the way, can be much easier to accomplish if we focused on them instead of starting a much bigger and more ambitious process from scratch. Beyond symbolic deficiencies persistence of the old regime and certain iconic representative elements , we can name hundreds of aspects where a constitutional reform seems urgent.
The funny thing about them all is that every single one of them could be amended without modifying Section a reform that would be easy on its procedure, if a prior and wide enough political agreement have been reached :. Deep down, I believe this is mainly all that should be altered from our Constitution.
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I think it could be more interesting -since experience proofs that specific rights and other measures are rarely imposed in a different way- that the Constitution focused on following the rules of the game and above all that we have those rules analyzed to see if they are good and fair. For example, reforming Title II on the Crown of the constitutional text, demands getting to the worse procedure of reforming Section , and changing the configuration of the State. This is, eliminating once and for all an institution such as the Monarchy. The Constitution of had many good things, also symbolically, and it implied the transition to a democratic State of Right.
But also, around this last point, it committed and it still does, an original sin: its vertical strictness and the lack of confidence in the people, inherited from the regime it comes from and from which it did not want to abjure. This original sin, when being essentially fleshed in the Monarchy -and specifically in the dynasty designated by Franco to take his place in the Headquarters of the State- has the advantage, of having an easy symbolic solution with a reformation that would replace it for a Republic. Finally, my reformist option, which makes use of different scenarios also has to do with pragmatism.
Pragmatism at two different levels. On one hand, because I believe it is a good thing that certain constitutional consensus reached in are not questioned mostly those concerning guarantees and this is always easier to avoid in a partial reform context than in a constituent process scenario where everything is questioned.
That is to say, to be honest, I do not feel very inclined to risk many of the rights and guarantees that our constitutional frame offers at the moment. Doubtlessly such a risk exists when we get into a whole amendment because, obvious as it is, everything can be kept or not, can be rewritten and reinterpreted.
Some aspects would generate more debate and would draw more attention. Many others, however, would be unnoticed. Some could stay in a background stage and may be changed for the worst or the better, but reaching a weaker consensus and generating less debate than what it would be required if acting on them individually. Sincerely, I prefer not to take that risk, in order to avoid that some loss may end up being more of a disappointment than a rewarding acquirement.
We must not lose sight of the fact that a constitutional amendment can be seen as an improvement for some, but depending on the point of view can also be taken as a deterioration of a previous stage. Well, me myself, I accept that something like this happens in a public debate scenario, where people is focused and where there are possibilities for a major participation and where attention is paid to what is needed. But in a context of massive change, I get scared by the thought of what could be modified by those with the most resources.
However, my opposition against amending the text of our Constitution as a whole is mostly based on the thought that, beyond a certain point, a Constitution is not that important.
Indeed, neither should it be. This is why I have not included among my suggestions of amendment, but that I do consider essential, any social or material justice issues, distribution or means for major guarantees. And it is not just affecting social and economic rights, despite it might be there where this effect is more visible. It happens in any constitutional-legal field we look at.
But not because of the Constitution. With the Spanish Constitution it has been possible to joyfully vote on subjects of great consensus, like the referendum for the European Union; but however it is still not possible to vote on something much more socially controversial -indeed much more reasonable to vote on, as many Catalan political forces already suggest- which is the territorial debate. Also thanks to the Constitution of some reforms have been accomplished regarding citizen safety, as the one passed on , or the coming one, as well as the many deals in the name of Justice while it seems an exception that someone imprisoned by the State and whose innocence gets to front pages, afterwards may not even be compensated by the inconveniences.
With the Constitution of it has been possible to illegalize parties that represented between the fourth and the fifth part of the electorate of the Basque Country, and on the other hand, it has been possible that neighbors can effectively participate in the administration of their municipalities through a transparent and participative control… and we could go on with a longer list of examples of the many paradox and contradictions.
They all comprehend many more things but they mainly point to the same direction: the regime of Its very concrete and determined profiles which, however, are not the result of the Constitution itself but of how we have operated inside it. But all these, for the good or the bad, did not have to do with the Constitution of It had to do with the concrete balance of forces and power that, since , there is in Spain and that, through rupture or reform, with constituent process or without it, is what determines what we are as a society, which way will we go and how things will go for us.
There is where, beyond adjustments many of them necessary and welcomed we should work on the Spanish Constitution. Work on winning those battles, because they are those that define a country of one type or another. This needs to be very present. Very specially, and very likely, because the coming battles, in the shape of a constitutional reform or reforms of minimums, are going to go in that direction.
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And they are going to counter some of the above-mentioned results, as well as the confrontation dynamics we use center-periphery , elite-bases , state control-participation …. We must be prepared and stay pragmatic, be more or less conscious of something which is, very likely, coming soon. Because, at least by now, things are the way they are, and it does not seem that we are going to meet a massive citizen rebellion from the base facing those claims and the current way of doing things.
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