VIOLACIÓN, FRAUDE Y ABUSO DE LA LEY Y LA CONSTITUCIÓN.

Abstract

The topic of violation, evasion and abuse of the constitution and laws is not unrelated with the legislations of different countries, primarily the Latin-American countries, where constitutional changes and reforms are very frequent, thus permitting such transgressions. For example, in Haiti thirty-three constitutions have been proclaimed; in Bolivia, seventeen; in Ecuador, nineteen; in Venezuela, twenty-six; in Costa Rica, eleven; in Peru, twelve; in Colombia, more than twelve; in Brazil, seven; in El Salvador, eight; in Honduras, ten; in Paraguay, four; in the Dominican Republic, four; in Uruguay, four; in Cuba, four; in Mexico, six; in Chile, seven; in Argentina, three (the 1853 constitution in force, with deepreaching reforms); in Panama, more than two; in Guatemala, seven; in Nicaragua, more than twelve. Spain registers eight constitutions, one draft constitution, one royal statute and the Fundamental Laws of Francoism. In France, between the constitutional charters (two) and constitutions, the total is eleven. In contrast, the US has had only one constitution, with its reforms; that constitution the country has kept for over two hundred years, and it is updated by the Supreme Court. Furthermore, constitutions have served different purposes: to found a new state, to name a president, to sidestep prohibitions against re-election, to transform the structures of the state, etc. Cases of multiple constitutional reforms are also envisaged. For example, the Constitution of Mexico has been reformed over four-hundred times; the Constitution of Chile, fifty-four, the reforms making the transition from the authoritarian regime to the democratic regime. In Nicaragua these vices are frequent, and so the constitutions have been blamed for evils and disasters, causing many of the internal wars we have suffered. We hope that, like Spain, we shall find a constitution like the Constitution of 1978 to form the foundation for political, economic, social and cultural progress.