SANTO DOMINGO.– The political scientist Silvia Soto Fernández considered that the constitutional reform proposal presented by the President of the Republic, Luis Abinader, would constitute a great boost to the rule of law, understood as a model of political and social governance in which all citizens of a country, are treated equally by the judicial system.
The expert pointed out that the rule of law model has as its essential principles: the rule of law, the division of powers, respect for fundamental rights and freedoms, and the legality of public administration. “These principles are reflected in the equality before the law of all individuals, non-arbitrariness, independence of the legislative, executive and judicial powers.”
He stressed that the fundamental aspects to be modified in the current constitutional reform proposal are: the reformulation of the National Council of the Judiciary, excluding the Attorney General of the Republic from it. Also, the reorganization of the functioning of the High Courts, so that their judges are linked to a more rigorous system of entry, permanence and alternation and, the independence of the Public Ministry of the Executive Power and of the other powers of the State, also delimiting its functions. , specializing in the investigation and prosecution of punishable acts.
Soto Fernández understands that the aspects to be reformulated in the new Constitution are in line with the aspiration of a large part of the citizenry, to have a regime that guarantees that those taken by the Judiciary are completely attached to the Constitution. and to the laws, without discrimination of any kind, as established in article 39.
“The judicial decisions historically was a practice that the judicial system was under the influence of the elites. In other words, everyone who had economic or political power managed to benefit from a judicial decision without difficulty, a situation that worsened in the last 26 years, especially during the efforts of former presidents Leonel Fernández and Danilo Medina, ”he assured.
In addition, he pointed out that some sectors criticize the number of times the Constitution has been modified, but that is not what is important, since societies are dialectical, they are constantly changing, and in this postmodern era and even with the speed almost of light, and therefore the legal estates must adapt.
He also indicated that others state that the proposed reform is a priority for us at this time, and that he understands that if it should be, because the independence of the Judiciary not only depends on a guarantee of justice without discrimination that would protect, in a special way, the most vulnerable citizens, those who do not belong to the power elites, but that would even promote commercial development, especially international trade, due to the legal security that the country would provide to investors.
He stressed that the reform, above all, would help to settle the great debt that the political class, and especially the current government, has with the citizenry to establish a judicial system that guarantees a system of consequences for acts of corruption and a transparent administration of state resources.
Finally, the researcher also said that President Luis Abinader’s achievement of this objective would catapult him into history, and that the other actors of the political system, especially those of the opposition, could also make a great contribution by supporting this proposal, since the The interests of the country must be above those of individuals, and, in terms of public image, it would contribute to improving its position in the electoral imaginary.
