Cuban Constitution and Legal System.
If the Constitution is the highest-ranking political and legal law within the legal system of society, this means that all normative provisions must be enacted in accordance with the postulates and principles it contains.
To address this topic, it’s important to understand that institutionalization means the creation and refinement of the political, economic, social, mass, state, and legal institutions of society, which ensure the active participation of citizens in public life.
While it’s true that institutionalization involves the creation and refinement of institutions, institutionality is, nevertheless, the establishment of rules and procedures, the design and redesign of institutions, the determination of levels of responsibility, and adherence to the law.
The principles through which the functioning of the state and society can be evaluated are: constitutional supremacy, adherence to the rule of law, the hierarchy of norms, the functionality of state bodies, and the co-responsible relationship between the state and the individual.
The Constitution is a transformative element of society because it guides legislation, aids legal interpretation, contributes to the realization of the socio-political model, and governs the actions of public authorities and their relationship with society.
For its part, the normative hierarchy implies the subordination of lower norms to higher ones, and all norms to the constitutional mandate.
If the Constitution is the highest-ranking political and legal law within the legal system of society, this means that all normative provisions must be enacted in accordance with the postulates and principles it contains, thus constituting a primary mandate for all bodies, leaders, state officials, politicians, and organizations that comprise Cuban civil society.
Written by Dr. Osvaldo Manuel Álvarez.
