The political scientist Silvia Soto Fernándezconsiders that the 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. conditions through the judicial system.
The expert pointed out that the rule of law model has as 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 highlighted that the fundamental aspects to be modified in the current constitutional reform proposal are: the reformulation of the National Council of the Judiciary, excluding from it the Attorney General of the Republic. 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 aspirations of a large part of the citizenry, of tell with a system that guarantees that those taken by the Judiciary are fully bound by 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 was able to benefit from a judicial decision without difficulty, a situation that has worsened in the last 26 years, especially during the efforts of the 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 also researcher said that President Luis Abinader achieving this goal would catapult history, and that the other actors in the political system, especially those in the opposition, could also make a great contribution by supporting this proposal, since the interests of the country must be above those of individuals, and , which in terms of public image would contribute to improving its position in the electoral imaginary.
