Warning that constitutional reform requires political and social agreement | AlMomento.net

Servio Tulio Castaños Guzman

SANTO DOMINGO – The Institutions and Justice Foundation (Finjus) has warned that the constitutional reform promoted by the government must be the result of a political, legal and social contract to avoid subsequent failure.

“President Luis Abinader can submit the most advanced constitutional reform proposals to the National Congress, and if he disagrees politically, there will be problems,” said Servio Tulio Castaños Guzmán, vice president of the entity.

In this sense, he suggested that Abinader appoint a commission of jurists chaired by Antoliano Peralta, legal adviser to the executive branch, which would “reduce” the pressure on the ruler.

“The only way you can succeed in reforming the constitution is if you agree with it technically and legally, but… I tell you, there are two aspects you cannot talk to me about, one is that you have to study the constitution for me, and two: “This is the fruit of a political agreement,” he assured.

He recalled that the Government had spoken about the two aspects on which the reform was based, but understood that in order to make changes in this sense, a horizontal vision must be adopted, since the initiative usually generates noise and social tension.

He said the 1963 constitution, which later sparked the revolution, the 2002 constitution and the 2015 constitution were all unsuccessful because they did not have a political agreement, contrary to the consensus of 1994 and 2010.

“What happened in 2002 and 2015, without a political agreement, poses a problem for those who were involved: in both cases they suffered the consequences. Note that the 63 Constitution is not a political agreement, it is the most advanced constitution, yes, that is a fact, but it has not been agreed,” stressed the jurist on the radio program La Opción de la Tarde.

He believes the best way to reform the constitution is through a referendum, which is provided for in Article 272 of the substantive text. “It’s not that I’m suggesting it, but I don’t see any other mechanism. It would be approved by a review assembly, it would be approved by a referendum, otherwise it would not happen,” he said.

Sun/Morning