The Constitution of a nation or province is the navigation chart determined socio-historically by its people. It provides legal support in relation to its conception and the reproduction of its society, its culture, its history, as well as its form of government, regime and institutions, rights and obligations, is a true “social pact”.
The new Riojan Constitution is part of social constitutionalism, attentive to the changes in the community, as was the case with the National Constitution sanctioned during the government of Juan Domingo Perón (1949).
Among the main points of reform are the universal basic income, periodicity in the mandates, fourth generation rights such as access to energy (49) and internet connectivity (51), gender parity (art. 23)social function of capital (79), municipal co-participation (199), incorporation of social and community rights (Chapter II), exclusive and exclusive domain of the natural common goods (83). Among other advances, they express the reception of current demands, with a clear conception of the State and the provision of services through its public companies, which does not seek economic but social income. It is also inserted in the Global Agenda, in the face of so much ignorant denialism, promoting the creation of the Provincial Cabinet for Climate Change (article 87).
The axes of the constitutional reform of La Rioja
With the values, courage, social commitment and strong federal spirit demonstrated by Ángel Vicente “Chacho” Peñaloza, Juan Facundo Quiroga and Felipe Varela, closer to our time Monsignor Enrique Angelelli, the people of La Rioja showed character by sanctioning a cutting-edge Magna Carta. Let us highlight some aspects:
• Universal Basic Income: Article 24: “The Provincial State guarantees its citizens a universal basic minimum income aimed at satisfying their fundamental human rights. This income will be determined with criteria of social justice and fiscal responsibility…”. Without a doubt, in light of the adjustment promoted by the government of President Milei, this determination of the people of La Rioja is a clear example of social justice from the depth of humanism and solidarity.
• Periodicity of mandates: In its third article, in the Principles of the Political System, it provides for the “…periodicity of the functions…”. Specifically for the Executive Branch, in article 143 it states that the formula governor and vice governor, promoting parity in all elective positions (23), may only be reelected or succeed each other for one period. On this same point it advances for the Legislative Branch, reducing the mandate of the deputies to only two consecutive periods (article 114). In a novel way, it provides that the judges of the Superior Court of Justice may be for a period of 10 years without the possibility of a new consecutive election (article 161). For the case of lower judges and members of the Public Ministry, it establishes a 10-year appointment with a validation in the last year prior to continuity before the Council of the Judiciary (article 158).
The new constitution has a social perspective
The new Constitution determines a social, political and economic organization, with a clear profile of State, the illustrious jurist from La Rioja Joaquín V. González guided us: “To govern with the Constitution; to restore culture, political education and the legacy of progress inherited from previous generations; to raise the provinces from humiliation and prostration… to accentuate the moral, intellectual and political value of our democracy, and to fix, on firm bases for the progress and peace of the Nation, the social problem”. His people, to whom he bequeathed so much in constitutional, political and social matters, have a renewed navigation chart, of vanguard, that allows them to continue advancing towards the desired end, the common good.
At the beginning of the 19th century, the Spanish were able to approve their first Constitution (1812), which limited the power of the Monarchy in the midst of the Napoleonic invasion. As that day was the feast of Saint Joseph, the popular mind affectionately called it “La Pepa” and brandished it in the streets in front of the French troops as a symbol of their identity. After Napoleon was defeated, Ferdinand VII was reinstated on the throne. He did not want to accept limitations to his omnipotence. With the force of his armies, he repealed the Constitution of Cadiz, and the people went out to defend it in the streets shouting “Long live La Pepa!”
We can only love and value what we know, The collective Oath of the Constitution with the joint reading of the preamble shows the clear will of Governor Ricardo Quíntela that it be known, appropriated and, in which case, defended, to the cry of “Long live La Rioja”. Those of us who believe in the advancement of rights, in creativity in organization and representation, inserted in a global agenda, with a view to the common good and social justice, must read, analyze and promote the Constitution of La Rioja that gives a central role to the State by strengthening fundamental rights, with a view to future debates that must take place both in Río Negro and in other provinces that must update their fundamental norm.
*Constituent Convention 2010, Viedma. Former General Secretary of the province of Río Negro 2013/2017.
2024-09-04 03:30:00