The people, foundation of the constitutional State;  by Erick Urbina
The people, foundation of the constitutional State;  by Erick Urbina

Now that the people are invoked recurrently in political speeches, it is convenient to understand since when and how the people have manifested themselves. With the appearance of the constitutional State, at the end of the 18th century, theocratic dogma – which recognized God as the origin of the political order – is changed to the democratic dogma, which is based and maintains that the legal and political order of a State becomes of the will of the people that manifests itself in a sovereign way through the constituent power. Although all power derives from the people, the constituent power will be the first and noblest manifestation of it, and which is materialized in a pact that we call Constitution. This document serves, essentially, to limit the power of those who govern and recognize and guarantee the rights and freedoms of citizens.

The constituent power theory of pueblo it has been developed mainly by Abbot Emmanuel-Joseph Siéyès and has become the historical model that justifies modern democratic regimes. For this French thinker, at the center of everything is the nation, which has the same meaning as the concept of pueblo and that acts as the foundation of all public powers.

Now, how does the pueblo? It will do so in two great moments, the first being the constituent moment. Following Siéyès’s thinking, this moment, in turn, has three stages. First, there will be a meeting of all individuals and this union is “the work of the interested will of the members.” In a second moment, the individual wills will form a common will that will shape the constitutional State. Finally, this general will ceases to dominate, since the powers that will govern by its order have already been established and will always be subject to the common will embodied in the constitutional text. All the constituted powers and their holders cannot have the Constitution, because to her they owe their being and their mandate.

After the constituent moment, the pueblo –Within the constitutional framework that it has already established– it manifests itself every time it is summoned for consultation. The people is not a divine entity that reveals itself to one or some to express its will, nor is it the reading that someone can do. The pueblo it is the sum of the individual wills of the citizens who organize and identify themselves and which are manifested in a tangible way when they vote. In this way, we decide.

In the last century, many dictatorships military and civil authoritarianisms have invoked the pueblo unscrupulously to translate their visions or ideologies into laws that were authoritatively imposed on the true pueblo. Whose rights and freedoms were not respected, as well as the limits to power.

The next elections second round that will take place in our country will once again manifest the will of the pueblo. The candidate who is elected must respect the Constitution Peruvian politics because they owe their raison d’être and mandate to it, and because it is the manifestation of the will of the pueblo.


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