Friday, May 27

The left and the Constitution


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The anniversaries of the 1978 Constitution long ago acquired a nostalgic tone, which increases year after year for those who recognize in its one hundred and sixty-nine articles, four additional provisions, nine transitory provisions, a final provision and a repealing provision the best and most great reconciliation effort made between Spaniards throughout their history. Precisely, the extremism and radicalism of those who today want to repeal it are the historical vices of our country that the 1978 Constitution wanted to eradicate from public life. Discourses such as those of Catalan separatism or those of current communism are not new. They are the old messages of hatred, of civic confrontation, of the breakdown of coexistence. Those who do not see in the 1978 Constitution its healing role for the secular wounds of our country are the same ones who caused them so many times, and that is why they want to repeal it.

Claiming the 1978 Constitution is more than paying homage to a legal text, it is defending a way of understanding the common life of a nation that pre-exists the Constitution itself and from which it obtains its legitimacy. Some are seriously confused when they believe that by changing the Constitution they will change what Spain has been and is, and therein lies the explanation for its undemocratic extremism, in the impotence in the face of an objective that eludes them: the very suppression of Spain as a historical nation and subject. sovereign.

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The PSOE seems to have admitted the obvious and has decided to park the reform of the Constitution because it does not have the support of the PP. The Socialists are late to this revelation, but it does not mean that they are going to change their strategy, at most their tactics. The 1978 Constitution is undergoing a constant process of repeal for non-application in essential matters, without the responses of the Courts of Justice and the Constitutional Court substantially modifying the damage caused. This is how we have a Government that perverted the system of rights and freedoms during the pandemic with two unconstitutional states of alarm and that sealed the Parliament so that it did not control it while, with the mantra of ‘saving lives’, it put Spain in a state of exception undercover. The courts affirm the right of Catalan families to have their children receive education in Spanish in a very modest 25 percent of their school hours, and the nationalist government of Pere Aragonès announces that it will not comply with this judicial mandate. The pardon is distorted to reward unrepentant criminals, the royal decree-laws are abused to the point of exhaustion, the CGPJ is subjected to the Executive’s easements, the Crown is exposed to impunity disqualifications, even from members of the PSOE, and so on. Everything, until reaching a parallel legality that does not repeal the Constitution, but competes with it in the concrete execution of the powers of the central government and the regional executives.

It is not necessary to initiate a specific process of substantial modification of the Constitution because this requires democratic treatment, voting in Congress, dissolution of Parliament and a referendum. For the left, it is enough to use the power created over a majority of negative interests, such as the one that supports Pedro Sánchez, to reduce the role of the Constitution to that of a regulation. The essential value of any constitutional text does not reside in the binding force of its precepts, but in the loyalty of political representatives to the principles on which that text is inspired. And there, in the disloyalty of the left for its pacts with unconstitutional forces, lies the current problem of the Spanish constitutional order.

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