FUTURE REFORMS NEEDED TO NATIONAL CONSTITUTION
PARAGUAY,
realistic, fair and Chester PARTICIPATORY
Swann *
Introduction:
The major criticisms that arise at the assessing our current CN is its excessive length, and reglamentarism exaggerated, especially the excessive ambiguity that seems to leave open windows to let in rapists, stealth or not.
course, the illustrious conventional, at least strived to meet the deadline of ninety days. Perhaps it has been extended, the have done worse. That's something.
A CN should be, above all, not very extensive, comprehensible even to school, not debatable or subject to arbitrary interpretations and synthetic as possible. Something like the Ten Commandments of Moses, though somewhat modernized, ie date, to our extent, ignoring possible foreign institutions, created in nations outside our idiosyncrasies and culture.
undoubtedly must establish what can and what can not be done, what should and should not be done, both by the rulers as governed. It should be a civic school in a few words and no declamations extensively in both the state and citizenship. Social Contract, by providing our customs and regulate the boundaries between rights and duties of rulers and ruled. This, on the premise that freedom without responsibility is impractical and unworkable. It is an incitement to social transgression.
Much of the cumbersome articulated our CN are almost plagiarized copy of the Colombian Constitution, extensive and rich in utility rights-of paper and say that holds everything, especially for the public power, "but very sparse in terms of the obligations of rulers and ruled. Neither gives the people no choice (the right to vote for economic exile, referendum or plebiscite and real participatory democracy), or veto, to arbitrariness of the three administrative powers in law, leaving it helpless or that unwelcome guest to the excesses in the tort-bordering-on politicians of our exclusive lodges partidocracia of outdated, cronyism, Associates, friends and nephews.
Our CN is-on the other hand, "rich in institution building expensive, inefficient and heavy loads more patronage for our skinny budget. Is inaccessible and unresponsive on the other hand to education and culture, much more necessary for human development. It has an elephantine bureaucracy composed of watertight compartments, where individual responsibilities are diluted homoeopathic and nobody is to blame.
In return, the nation and its citizens need agile and summary institutions responsible for the common good, swift and marked by the seal of management excellence. We need a national government, non-partisan or partisan, inclusive and outdated, as we currently have. We need a speedy justice, free and, above all, brief summary, based on substance rather than form. Sufficient, for example, stating that the crime, lies, plunder, theft impunity and are outside the law, without too many details, too many words to the wise, than for the other are laws and codes regulating use each individual case according to law.
seems that the state is a simple approach spoils of war or politicians, but have not given the institutions for their particular purposes. This anomaly must end despicable once and forever. This is broadly what should be corrected with a Citizens National Constituent Assembly, elected freely and open standard, composed of the most upright and virtuous citizens, both intellectual and technical and, above all, creative, without much their laurels academics 'formal', but common sense and experience of abuse. But it should be required
essential to leave the shirts in favor of primary colors on the street outside the debates, the nation comes first.
Our CN was discussed in a sort of fractious human bazaar, where there was missing everything and only representatives of the employers of border security but will have participated by intermediaries. Ees say they voted nominees not elected and financed by the underworld.
One of the first requirements to refound the nation, free of dust and straw, is to minimize the number of staff, usually idle and superfluous and at the same time improving the quality of human material in service, training and education through.
excellence, honesty administrative and suitability should be sine qua non conditions for the provision of services to the state and therefore the working citizens, but also the austerity will prevail over the waste and the display of power and wealth. The ideas and ideologies should not be exclusive, except that encourage gun violence and intolerance of thought. Intolerance would be desirable, if necessary, is directed towards the obstinate and twisted, to ignorance and mediocrity in any case, it will.
Investment in education, culture, health and safety, shall not be less than 28 percent of the national budget. From classrooms, libraries, laboratories and multimedia hasta viviendas y calidad de vida. El ciudadano honesto debería ser el único en tener sus fueros y seguridad amparados por la Ley. Para ello se debe tener presente que es ésta (La Ley), la que deberá gobernar al país, y que las personas son apenas encargadas de su observancia.
Los hombres y mujeres aspirantes a una función administrativa deberán ser elegidos por un comité evaluador que tenga todo el rigor posible, a fin de decantar a los mediocres y adocenados u obligarlos a mejorar su rendimiento en servicio, so pena de revocatoria de contrato o mandato, de ser cargos electivos.
¿Por qué personas nacidas en el extranjero, aunque radicadas con arraigo por muchos años en el país, competentes y sin background, should be excluded from public services by simply not having been naturalized? Why Paraguayans living abroad should be excluded from the electoral roll, especially if much of the income from their contributions? CN declares our non-discrimination (Chapter III), but the internal regulations of our institutions (which are far below it in order of priority) is practiced to the letter.
As I said, is that correct ambiguities, analyze everything, pass through the sieve of the ideas and refine our CN in a manner that does not require amendments for many years. No further obscure what it is. But it will lack statesmen rather than mere politicians and hunting operators votes. And above all, clear ideas.
SOME PROPOSALS ON THE MAT:
OF THE ORGANIZATION OF THE STATE OF PARAGUAY
1. The Republic of Paraguay shall be: politically sovereign, democratically participatory, socially just, economically self-sufficient and integrated (not just mean dependent) at the regional level, culturally creative and, above all, with equal opportunities for all honest people, native or not.
2. There should be tax justice (who has, over taxed) and document processing facilities, licenses, authorizations, permits, establishment of foreign patenting, etc. It seems that bureaucrats are bent on inventing trouble selling facilities in exchange for bribes, kickbacks, comets, or as termed these deplorable ways to make easy money. Even those who produce cultural goods should be exempt from VAT.
3. Should eliminate some little or no institutions necessary for the proper functioning of the state, and the Senate (unicameral Congress), vice (In any case, it is possible for a parliamentary system deliberative and collegial executive), the departmental governors and elected councils. The municipal mayor may integrating departmental legislative collegiate bodies a rotating presidency every six months, subject to local edilicias functions. Remember that our country is a unitary republic, that is, not federal, so it does not require a dishonorable Senate floor, much less integrated with characters from impoverished cultural and technical level, like we have the displeasure of knowing to now.
4. Should reconsider the issue of Armed Forces, will be reorganized according to the real needs of maintaining our sovereignty border, without forcing them to perform other functions unrelated to them or use them for intimidation of unarmed civilians. Of If possible, the State, ie the nation, must renounce war as a hypothesis for conflict resolution and re-educate the military in civil defense tasks * states of crisis, natural disasters, pandemics, etc..) and border police. Remember that the most dangerous enemy of Paraguay, is a walled, corruption, ignorance, mediocrity, impunity, dishonesty, among others.
5. Homeland security should be in charge of the Judiciary and the Ministry of Justice in Police preventive character and research, scientifically trained, intelligent and, above all, demilitarized. The police would be much effective without cumbersome deployments or ostentatious military fatigues, being camouflaged among the civilian population. It would be desirable that its members had previous university education before the race police (or military) and refine them honestly. A police ranks and hierarchical, made only punitive nature, did not respect the civilian (and not even his subordinates), scoffs at the laws, is prone to abuses of power and even to offend. Applicants for police and military should pass a rigorous psychological and psychiatric examination could detect dissociative tendencies or behavioral abnormalities. On the other hand, they keep fit and un excelente estado físico y, de ser posible, entrenados para luchar sin armas (artes marciales), que a éstas las carga el diablo. Nada de gatillos fáciles a la hora de proceder contra marginales. Además, el ministerio debería ejercer un riguroso control de tenencia de armas de fuego y, de ser posible, prohibirlas bajo severas penas.
6. También los aspirantes a funcionarios de carrera deberán tener formación universitaria en Administración de Empresas, Ciencias Políticas, Ciencias Jurídicas, Relaciones Internacionales, Ciencias Exactas, Diplomacia y cualesquiera otras, que requieran de un alto nivel de formación académica y técnica, para un excelente y efiaz desempeño institucional. Unfortunately, in our beleaguered country marked by the evil stigma of fraud, corruption and neglect, it's all done and reform is urgently needed to start from square one, but we must do now. The CN emerged in this new era, should not give graciously rights difficult to enforce, or proclaim empty rhetoric, but to establish clear rules for fair political game, social, economic and cultural. Must be an expression of wisdom and philosophical synthesis of a Social Contract, and above all of them are fundamentally Republican. This means, non-irritating privileges granted to those exercising power transient and situational.
7. The non-reelection and alternate must be explicit and implicit, with no possibility of "interpretation" or arbitrary prosecution. Any citizen or community organization should have the opportunity to provide service to the country, without exception. And this premise should be given in all areas: civil society organizations, cooperatives, clubs, neighborhood committees, municipal governments, etc. Maybe I could afford an alternate choice, after one or two periods of no exercise to prevent abuse of power resources for the benefit of the candidate. In this way there will be fairness in the political, social and equal opportunities of electoral competition between parties and social organizations.
8. Programs governance and development, and monitoring should be continued regardless of the faction that eventually carries the national government. Ie have a Strategic Plan and developing-country, whoever they are managers, to provide continuity into the future.
9. By taking possession of elected officials, citizens will lose their party membership to take a national government and should not depart from this premise, even in the midst of political and ideological debates of deliberation.
10. Many chapters of the current CN, such as those concerning water courses, radio spectrum, airspace, indigenous peoples, education, y demás obviedades innecesarias, deberán ser sintetizados en uno sólo, referente a soberanía y propiedad pública, estructuración institucional y funciones del Estado. Para reglamentar todo lo anterior están las leyes nacionales puntuales. La CN no debe ser un compendio legislativo kilométrico y confuso, sino un contrato político para establecer responsabilidades. Nada más y nada menos. Recordemos que el fin último de la filosofía es la síntesis y a ella me remito.
CUERPO CONSTITUCIONAL DESEABLE:
a) Preámbulo y Declaración de Principios. Organización institucional.
b) Organigrama de los Poderes Constituidos (de ser posible con gráficos).
c) Defense of territorial sovereignty and shared resources.
d) Defense of Social Security and welfare.
e) Participation (elections, referenda, plebiscites, a collection of signatures for submission of projects, and recall of Veto, peaceful demonstrations to demand, etc.)..
f) Responsibility of citizens or non-governmental civil society organizations (this includes games that are not institutions but associations). Individual duties, political and social issues should be clearly stated.
g) Responsibility of officials, elected or appointed temporarily hired. Clear conditions and requirements of the function pública. Inhabilitaciones.
h) De la Seguridad Pública, Salud, Trabajo, Educación y Cultura.
i) De la estricta Observancia de las Leyes (gobernantes y gobernados).
Otro de los defectos o falencias de nuestra actual CN, por ejemplo, en el Capítulo III Sección II que se refiere al Poder Judicial y específicamente a la Corte Suprema, establece sus atribuciones pero no sus inhabilidades, como dándole a sus miembros espacios en blanco para prevaricar o torcer a su antojo el rumbo de la justicia. En primer lugar, los miembros de la Corte deben estar prescindentes de relaciones "políticas", sociales (clubes, masonería, etc.) y partidarias de toda índole y ser electos por concurso merit, rather than as funny political concessions or sharing of "quotas of power" games. There have been cases in which a shortlist of candidates for minister, was elected with the lowest score curricular (Antonio Fretes, against Maria Sol Zuccolillo, for example).
Nor is there a code of ethics that requires judges to dispose of his conscience, or their judgments, political power shifts, as did those who endorsed the president Duarte became president of the party, according incompatible if any, to be chief executive, in violation of art. 237 of the CN.
All members of the government (I mean the 3 power de jure) must have well established their incompatibilities and respect, without one "interpretation" of the Court funny serious irregularities endorsement, grounds for impeachment summary and expeditious to recall mandate.
is necessary that these reflections will be discussed by the bases (Vox populi, vox Dei). It is this citizen's claim that their ideas are accepted or adopted in the rough. Just to be debated, replicated if necessary and dissent emerge new ideas to achieve a new national project for the benefit of all. Recall that the U.S. Constitution has no more than twenty articles and 26 amendments, that any school is known to pa pe. The synthesis, again, is a sign of wisdom. She me refer and invoke in these harsh days of trial. Let
discussing the issue, there is plenty of material to cut.
is right and necessary.
* He was a journalist and political cartoonist, as well as artisan, illustrator, composer and writer of fiction. You can visit their site http://www.tetraskelion.org/ or email cheswann@gmail.com to say in open forum. Also set up areas on the Blog for those who wish to cast their doubts and opinions.
PARAGUAY,
realistic, fair and Chester PARTICIPATORY
Swann *
Introduction:
The major criticisms that arise at the assessing our current CN is its excessive length, and reglamentarism exaggerated, especially the excessive ambiguity that seems to leave open windows to let in rapists, stealth or not.
course, the illustrious conventional, at least strived to meet the deadline of ninety days. Perhaps it has been extended, the have done worse. That's something.
A CN should be, above all, not very extensive, comprehensible even to school, not debatable or subject to arbitrary interpretations and synthetic as possible. Something like the Ten Commandments of Moses, though somewhat modernized, ie date, to our extent, ignoring possible foreign institutions, created in nations outside our idiosyncrasies and culture.
undoubtedly must establish what can and what can not be done, what should and should not be done, both by the rulers as governed. It should be a civic school in a few words and no declamations extensively in both the state and citizenship. Social Contract, by providing our customs and regulate the boundaries between rights and duties of rulers and ruled. This, on the premise that freedom without responsibility is impractical and unworkable. It is an incitement to social transgression.
Much of the cumbersome articulated our CN are almost plagiarized copy of the Colombian Constitution, extensive and rich in utility rights-of paper and say that holds everything, especially for the public power, "but very sparse in terms of the obligations of rulers and ruled. Neither gives the people no choice (the right to vote for economic exile, referendum or plebiscite and real participatory democracy), or veto, to arbitrariness of the three administrative powers in law, leaving it helpless or that unwelcome guest to the excesses in the tort-bordering-on politicians of our exclusive lodges partidocracia of outdated, cronyism, Associates, friends and nephews.
Our CN is-on the other hand, "rich in institution building expensive, inefficient and heavy loads more patronage for our skinny budget. Is inaccessible and unresponsive on the other hand to education and culture, much more necessary for human development. It has an elephantine bureaucracy composed of watertight compartments, where individual responsibilities are diluted homoeopathic and nobody is to blame.
In return, the nation and its citizens need agile and summary institutions responsible for the common good, swift and marked by the seal of management excellence. We need a national government, non-partisan or partisan, inclusive and outdated, as we currently have. We need a speedy justice, free and, above all, brief summary, based on substance rather than form. Sufficient, for example, stating that the crime, lies, plunder, theft impunity and are outside the law, without too many details, too many words to the wise, than for the other are laws and codes regulating use each individual case according to law.
seems that the state is a simple approach spoils of war or politicians, but have not given the institutions for their particular purposes. This anomaly must end despicable once and forever. This is broadly what should be corrected with a Citizens National Constituent Assembly, elected freely and open standard, composed of the most upright and virtuous citizens, both intellectual and technical and, above all, creative, without much their laurels academics 'formal', but common sense and experience of abuse. But it should be required
essential to leave the shirts in favor of primary colors on the street outside the debates, the nation comes first.
Our CN was discussed in a sort of fractious human bazaar, where there was missing everything and only representatives of the employers of border security but will have participated by intermediaries. Ees say they voted nominees not elected and financed by the underworld.
One of the first requirements to refound the nation, free of dust and straw, is to minimize the number of staff, usually idle and superfluous and at the same time improving the quality of human material in service, training and education through.
excellence, honesty administrative and suitability should be sine qua non conditions for the provision of services to the state and therefore the working citizens, but also the austerity will prevail over the waste and the display of power and wealth. The ideas and ideologies should not be exclusive, except that encourage gun violence and intolerance of thought. Intolerance would be desirable, if necessary, is directed towards the obstinate and twisted, to ignorance and mediocrity in any case, it will.
Investment in education, culture, health and safety, shall not be less than 28 percent of the national budget. From classrooms, libraries, laboratories and multimedia hasta viviendas y calidad de vida. El ciudadano honesto debería ser el único en tener sus fueros y seguridad amparados por la Ley. Para ello se debe tener presente que es ésta (La Ley), la que deberá gobernar al país, y que las personas son apenas encargadas de su observancia.
Los hombres y mujeres aspirantes a una función administrativa deberán ser elegidos por un comité evaluador que tenga todo el rigor posible, a fin de decantar a los mediocres y adocenados u obligarlos a mejorar su rendimiento en servicio, so pena de revocatoria de contrato o mandato, de ser cargos electivos.
¿Por qué personas nacidas en el extranjero, aunque radicadas con arraigo por muchos años en el país, competentes y sin background, should be excluded from public services by simply not having been naturalized? Why Paraguayans living abroad should be excluded from the electoral roll, especially if much of the income from their contributions? CN declares our non-discrimination (Chapter III), but the internal regulations of our institutions (which are far below it in order of priority) is practiced to the letter.
As I said, is that correct ambiguities, analyze everything, pass through the sieve of the ideas and refine our CN in a manner that does not require amendments for many years. No further obscure what it is. But it will lack statesmen rather than mere politicians and hunting operators votes. And above all, clear ideas.
SOME PROPOSALS ON THE MAT:
OF THE ORGANIZATION OF THE STATE OF PARAGUAY
1. The Republic of Paraguay shall be: politically sovereign, democratically participatory, socially just, economically self-sufficient and integrated (not just mean dependent) at the regional level, culturally creative and, above all, with equal opportunities for all honest people, native or not.
2. There should be tax justice (who has, over taxed) and document processing facilities, licenses, authorizations, permits, establishment of foreign patenting, etc. It seems that bureaucrats are bent on inventing trouble selling facilities in exchange for bribes, kickbacks, comets, or as termed these deplorable ways to make easy money. Even those who produce cultural goods should be exempt from VAT.
3. Should eliminate some little or no institutions necessary for the proper functioning of the state, and the Senate (unicameral Congress), vice (In any case, it is possible for a parliamentary system deliberative and collegial executive), the departmental governors and elected councils. The municipal mayor may integrating departmental legislative collegiate bodies a rotating presidency every six months, subject to local edilicias functions. Remember that our country is a unitary republic, that is, not federal, so it does not require a dishonorable Senate floor, much less integrated with characters from impoverished cultural and technical level, like we have the displeasure of knowing to now.
4. Should reconsider the issue of Armed Forces, will be reorganized according to the real needs of maintaining our sovereignty border, without forcing them to perform other functions unrelated to them or use them for intimidation of unarmed civilians. Of If possible, the State, ie the nation, must renounce war as a hypothesis for conflict resolution and re-educate the military in civil defense tasks * states of crisis, natural disasters, pandemics, etc..) and border police. Remember that the most dangerous enemy of Paraguay, is a walled, corruption, ignorance, mediocrity, impunity, dishonesty, among others.
5. Homeland security should be in charge of the Judiciary and the Ministry of Justice in Police preventive character and research, scientifically trained, intelligent and, above all, demilitarized. The police would be much effective without cumbersome deployments or ostentatious military fatigues, being camouflaged among the civilian population. It would be desirable that its members had previous university education before the race police (or military) and refine them honestly. A police ranks and hierarchical, made only punitive nature, did not respect the civilian (and not even his subordinates), scoffs at the laws, is prone to abuses of power and even to offend. Applicants for police and military should pass a rigorous psychological and psychiatric examination could detect dissociative tendencies or behavioral abnormalities. On the other hand, they keep fit and un excelente estado físico y, de ser posible, entrenados para luchar sin armas (artes marciales), que a éstas las carga el diablo. Nada de gatillos fáciles a la hora de proceder contra marginales. Además, el ministerio debería ejercer un riguroso control de tenencia de armas de fuego y, de ser posible, prohibirlas bajo severas penas.
6. También los aspirantes a funcionarios de carrera deberán tener formación universitaria en Administración de Empresas, Ciencias Políticas, Ciencias Jurídicas, Relaciones Internacionales, Ciencias Exactas, Diplomacia y cualesquiera otras, que requieran de un alto nivel de formación académica y técnica, para un excelente y efiaz desempeño institucional. Unfortunately, in our beleaguered country marked by the evil stigma of fraud, corruption and neglect, it's all done and reform is urgently needed to start from square one, but we must do now. The CN emerged in this new era, should not give graciously rights difficult to enforce, or proclaim empty rhetoric, but to establish clear rules for fair political game, social, economic and cultural. Must be an expression of wisdom and philosophical synthesis of a Social Contract, and above all of them are fundamentally Republican. This means, non-irritating privileges granted to those exercising power transient and situational.
7. The non-reelection and alternate must be explicit and implicit, with no possibility of "interpretation" or arbitrary prosecution. Any citizen or community organization should have the opportunity to provide service to the country, without exception. And this premise should be given in all areas: civil society organizations, cooperatives, clubs, neighborhood committees, municipal governments, etc. Maybe I could afford an alternate choice, after one or two periods of no exercise to prevent abuse of power resources for the benefit of the candidate. In this way there will be fairness in the political, social and equal opportunities of electoral competition between parties and social organizations.
8. Programs governance and development, and monitoring should be continued regardless of the faction that eventually carries the national government. Ie have a Strategic Plan and developing-country, whoever they are managers, to provide continuity into the future.
9. By taking possession of elected officials, citizens will lose their party membership to take a national government and should not depart from this premise, even in the midst of political and ideological debates of deliberation.
10. Many chapters of the current CN, such as those concerning water courses, radio spectrum, airspace, indigenous peoples, education, y demás obviedades innecesarias, deberán ser sintetizados en uno sólo, referente a soberanía y propiedad pública, estructuración institucional y funciones del Estado. Para reglamentar todo lo anterior están las leyes nacionales puntuales. La CN no debe ser un compendio legislativo kilométrico y confuso, sino un contrato político para establecer responsabilidades. Nada más y nada menos. Recordemos que el fin último de la filosofía es la síntesis y a ella me remito.
CUERPO CONSTITUCIONAL DESEABLE:
a) Preámbulo y Declaración de Principios. Organización institucional.
b) Organigrama de los Poderes Constituidos (de ser posible con gráficos).
c) Defense of territorial sovereignty and shared resources.
d) Defense of Social Security and welfare.
e) Participation (elections, referenda, plebiscites, a collection of signatures for submission of projects, and recall of Veto, peaceful demonstrations to demand, etc.)..
f) Responsibility of citizens or non-governmental civil society organizations (this includes games that are not institutions but associations). Individual duties, political and social issues should be clearly stated.
g) Responsibility of officials, elected or appointed temporarily hired. Clear conditions and requirements of the function pública. Inhabilitaciones.
h) De la Seguridad Pública, Salud, Trabajo, Educación y Cultura.
i) De la estricta Observancia de las Leyes (gobernantes y gobernados).
Otro de los defectos o falencias de nuestra actual CN, por ejemplo, en el Capítulo III Sección II que se refiere al Poder Judicial y específicamente a la Corte Suprema, establece sus atribuciones pero no sus inhabilidades, como dándole a sus miembros espacios en blanco para prevaricar o torcer a su antojo el rumbo de la justicia. En primer lugar, los miembros de la Corte deben estar prescindentes de relaciones "políticas", sociales (clubes, masonería, etc.) y partidarias de toda índole y ser electos por concurso merit, rather than as funny political concessions or sharing of "quotas of power" games. There have been cases in which a shortlist of candidates for minister, was elected with the lowest score curricular (Antonio Fretes, against Maria Sol Zuccolillo, for example).
Nor is there a code of ethics that requires judges to dispose of his conscience, or their judgments, political power shifts, as did those who endorsed the president Duarte became president of the party, according incompatible if any, to be chief executive, in violation of art. 237 of the CN.
All members of the government (I mean the 3 power de jure) must have well established their incompatibilities and respect, without one "interpretation" of the Court funny serious irregularities endorsement, grounds for impeachment summary and expeditious to recall mandate.
is necessary that these reflections will be discussed by the bases (Vox populi, vox Dei). It is this citizen's claim that their ideas are accepted or adopted in the rough. Just to be debated, replicated if necessary and dissent emerge new ideas to achieve a new national project for the benefit of all. Recall that the U.S. Constitution has no more than twenty articles and 26 amendments, that any school is known to pa pe. The synthesis, again, is a sign of wisdom. She me refer and invoke in these harsh days of trial. Let
discussing the issue, there is plenty of material to cut.
is right and necessary.
* He was a journalist and political cartoonist, as well as artisan, illustrator, composer and writer of fiction. You can visit their site http://www.tetraskelion.org/ or email cheswann@gmail.com to say in open forum. Also set up areas on the Blog for those who wish to cast their doubts and opinions.
