Epistemologies of Constitutional Law in Cuba.
Understanding the functions of any Constitution strengthens values such as justice and security.
What are the functions of a Constitution?
A Constitution is a multifaceted phenomenon with diverse, yet interrelated, functions. These recognized functions are political, ideological, legal, organizational, and legitimizing. These functions establish that the Constitution is, above all, a phenomenon of power and a legal issue, whose essence is class-based and expresses the prevailing political will, the result of political conciliations or victories.
Ultimately, all the functions of a Constitution can be reduced to one: the political function. This is because the political function is more a matter of power than a matter of law. Understanding the functions of any Constitution helps to strengthen values such as justice and security.
What do the expressions constituent power and constituted power mean?
The term constituent power expresses the sovereign popular will determined to organize itself in a specific way and establish a Constitution that legally consolidates its achievements and sets the guidelines for the actions of existing institutions and entities in society (the State, various types of organizations, and individuals). Every Constitution presupposes, first and foremost, a constituent power; both concepts are intimately linked.
Once a Constitution is proclaimed, the differences between constituent and constituted power are established. The functions of constituent power cease; its continuity resides in the body created by the Constitution. Constituted power, on the other hand, has a legal nature; its formation and competence are defined in the Constitution.
Because that draft constitution was submitted to a popular consultation. The popular consultation consisted of the people, in assemblies where more than six million citizens participated, discussing the draft, expressing their opinions, making changes and proposing modifications, and then submitting it to the state bodies and the Party for review.
This demonstrates that the people had ample opportunity to discuss the draft in the aforementioned assemblies held throughout the country. It was submitted to a referendum on February 15, 1976.
The referendum revealed a high level of social homogeneity and support for the Revolution. It demonstrated the identification with the Revolution of the majority of social groups and sectors. There was a clear demonstration of the conscious subordination of individual interests to social and collective interests.
Written by Dr. Osvaldo Manuel Álvarez Torres.
