Each class is more interesting than the other and I confess that I am passionate as a new student with the topics covered.
I almost finished the PhD in “Contentious Control of the Conduct of the Public Power”. An engineer by profession, I am a rare bird among my classmates, all lawyers with outstanding professional performance.
Each class is more interesting than the other and I confess that I am passionate as a new student with the topics covered. At the same time, I verify that no matter how busy you are and/or how high you have climbed, nothing is more satisfying than learning.
Last weekend, Professor Noel González spoke about “The Institutionalization of Law” explaining the process by which the structures and practices have been established that allow the operation and application of law in a society. He spoke of the origin of the executive, legislative and judicial powers, as well as the making of laws, emphasizing the fundamental role of the French Revolution for the formation of the state as we know it today.
As a doctorate is discussion, Juan Pablo Torres -a student at the same time as a TSJ Magistrate- warned that the origin went back much further than those tumultuous days that ended with the head of Louis XVI in the guillotine and set it in the Greek era. -roman.
Curious about the matter, I consulted with a very good friend, Leomagno Flores, a prominent undergraduate and graduate professor at several national universities, who categorically pointed out to me: “The origin comes from God.”
“The state – he added – based on freedom and democracy was created in Canaan by God, in the fifteenth century before Christ, who inspired Moses, Samuel and Joseph, so that the Hebrews organized and governed the cities of the promised land ”
“Samuel then recited to the people the laws of the kingdom and wrote them in a book, which he kept before God” (I Samuel 10.25) filing them near the ark of the alliance, he quoted from memory.
Investigating further, I find a relevant fact: the original state model was of the decentralized federal type.
Going back to earlier times, I remember that in the 1946 Constituent Assembly, Andrés Eloy Blanco enthusiastically promoted that the new Constitution, finally promulgated on July 5, 1947, declare Venezuela as a decentralized federal state, but he was unable to make it so. did. I heard from the deputies who signed the 1961 constitution that the most intense debates on the occasion of the drafting of the new text revolved around the state model to be established among supporters of centralism and decentralization. Rafael Caldera settled the matter by coining the concept that Venezuela “is a decentralized federal state in the terms enshrined in this constitution” that is repeated almost identically in article 4 of the 1999 magna carta.
Neither in the fourth nor in the fifth republic has it been possible to advance towards a decentralized federal state, although in 1989 with the Law on the Election and Removal of State Governors, promoted by Carlos Andrés Pérez and the parliamentary majority of Acción Democrática and shortly after Promoted by Francisco Arias Cárdenas, Didalco Bolívar and me -governors at the time of Zulia, Aragua and Monagas, agreed above partisan factions- significant steps were taken with the Law of Special Economic Assignments and that of FIDES, the truth is that hypercentralism marks the Venezuelan state today with very poor management results.
In the Venezuela of tomorrow, the different Venezuela that we proclaim, the decentralized federal state, inspired by God, must be a reality. In this way, we will have governments close to the citizen capable of guaranteeing the highest quality in public service.
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