The National Constitution It is in itself a Nation project, the normative expression of the political project of a community. And as such, without ever losing its essence, must be permanently updated and updated, according to the changing situations of the social, political, economic and cultural dynamics.
The pillars of our project are based on the idea of Republic, in the freedom and autonomy of citizens, in the division and balance of the functions of power and in federalism.
These are guiding principles, structural regulatory frameworks, which are not specified per se, due to their mere enunciation or consecration in the constitutional letter. It is in the political, legal and institutional dynamics themselves and in the exercise of political power that these founding aspects of the constitutional project materialize or are frustrated. The concretion of the statements, their effective and full exercise depends, ultimately, on the implementation of the guarantees that grant them full validity and effectiveness.
From this constitutional perspective I interpret and value the Single Paper Ballot project that had a favorable opinion in the plenary session of the committees in the Senate of the Nation on January 10 and that already has the approval of the Chamber of Deputies.
What is especially valuable about the bill in question is that it favors the materialization of one of the founding principles of the National Constitution: the freedom and full autonomy of citizens.
In electoral matters and the exercise of political rights, freedom and autonomy understood as the absence of any type of coercion from party apparatuses, from state or parastatal structures, from the leaders on duty, from disvaluable behaviors rooted in our customs such as theft and/or falsification of ballots, chain voting, etc.
The key to the entire system, the guarantee that the enshrined rights do not remain a dead letter, is that they can be exercised through clear, transparent, increasingly modern and efficient tools. That is the profound and markedly constitutional meaning of the Single Paper Ballot. This is something that goes beyond the establishment of certain guidelines. Something deeper and more essential than the mere rules of the game. Citing Bobbio when he talks about political rights, we can say that we are talking about “the preliminary rules that allow the development of the game.”
I do not conceive Constitutional law apart from the institutional and political dynamics in which the principles and guarantees that the Constitution contains are debated, materialized, interrupted or distorted. Constitutional law is a living and constantly developing subject and it is in the debate of this type of laws and in their implementation where the main challenges and tensions of the constitutional matter lie.
José Nicolás Matienzo tells us that the Constitution must be studied not only in its letter but also in its practice, in its historical background and in its political function, since each people gradually develops its peculiar Constitution, forming it with its real life (José Nicolás Matienzo, “Lessons in Constitutional Law”, 1926).
The final paragraph deserves the aspect related to the implementation and implementation of the norm once it is sanctioned. The regulation, dissemination, training and communication of the new system represents an additional challenge that must be anticipated from the moment the norm is sanctioned. In our country there are valuable examples such as those of the provinces of Santa Fe, Córdoba and Mendoza that must be taken into account.
Doctor in Legal and Social Sciences – Constitutionalist – Former Minister of Government, Labor and Justice of the Province of Mendoza and author of the Single Ballot project for that Province
Source: Ambito
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