Constitutional precocity
By: Luis Beltrán Guerra G. - 10/08/2025
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The Royal Spanish Academy refers to the constituent as 1. The one who constitutes or establishes, 2. The courts, chambers or assemblies to draft or reform the Constitution of the State and 3. Person elected as a member of a constituent assembly.
It should also be noted that the Academy also clarifies, regarding "the constituent form," using the verb "to constitute" and its synonym "to construct" in order to illustrate as fully as possible the qualities of the constituent, referring to its work as "the creation of a new condition or position, the establishment of an obligation on a particular person, such as the ruling of a court, a council, a board, or an authority." A determining diversity of uses, such as those outlined, reveal the significant importance of the "constituent."
This commendable activity, for the sake of honesty, invites us to ask: Can we all be constituents? And how should we act if we achieve this status by violating this maxim? Perhaps we are wrong, but we know of no case in which such a responsible attitude has been exercised: 1. By not running; and 2. The percentage of those nominated and elected who violated such a basic guideline must be "more than significant." Frankly, reality shows that people, by setting aside the maxim of "never make a mistake," end up with the consequential result of a deceptive selection. But the elected representative attends the "Constituent Assembly" wearing a new suit, tie, and briefcase in hand, which he holds open so that we can see that he carries a well-bound copy of the Constitution inside. Furthermore, given his audacity, he is the first to exercise his right to speak. Thus, "constitutional precocity" is born.
The constituent selection has therefore been inadequate, which affects the representativeness of the most decisive source for our coexistence, progress, and peace. We hear that philosophy is "a science in which doing and knowing how to use what is done coincide," which means: 1. It would be useless to possess the erudition to turn stones into gold if we did not know how to harness this precious metal, and 2. Similarly, a science that made us immortal would be useless if we did not learn about immortality. Considering both conjectures, we would refer to the "philosophical constituent," but conceiving it with the same degree of ignorance that we possess, that "being a philosopher is like daydreaming," but also with the addition that "the science (philosophy) it cultivates is abstract and disconnected from everyday reality." These assessments would legitimize the so-called "ignorant assembly member." We copied an apt description from the sources: "An "ignorant assembly member" refers to a member of an assembly (such as a parliament, congress, or council) who lacks the knowledge, culture, or adequate preparation to effectively perform their duties and make informed decisions. This may manifest itself in a lack of understanding of the issues at hand, the laws and regulations governing the assembly, or the implications of the decisions made.
The philosophical aspect seems to go hand in hand with the "theological constituent," since, as written, the vast majority of the determining concepts of modern state doctrine are secularized, even alluding to the "Almighty God who became the omnipotent legislator." It is also clear that theology and philosophy are not mutually exclusive, but rather complementary.
"Literary constituent" would be another of the mentions in the diversity, since it refers to the application of literary perspectives in the analysis of constitutionalism. But it also refers to the examination of constitutional texts from a literary perspective. In the opinion of Nobel Prize winner Mario Vargas Llosa, "literary constitutionalism" could be an interdisciplinary approach that seeks to enrich the understanding of constitutionalism through tools and perspectives from literature and literary theory.
The distinguished jurist Dr. Roman José Duque Corredor (RIP) included our book "Antonio Simplicio Rivas Moreno, the Constitutional Lawyer" within the scope of "literary constitutionalism." It comments on "the presidential absences due to the health condition and death of Commander Hugo Chávez, President of Venezuela, and proposes a Constituent Assembly aimed at rebuilding the Republic." The prologuist wrote: "The constitutional lawyer, with his questions and answers, leads us into literary constitutionalism... And the distinguished Dr. Allan Brewer Carías, also the prologuist, writes: "Professor Luis Beltrán Guerra G. studies the constitutional situation that arose with the absence of the President of the Republic from the national territory. He is the most suitable person to study this topic. A lawyer from the UCV, with a doctorate from Harvard, he specialized in administrative law (Suma Cum Laude) from the University of Rome and a master's degree in comparative law from New York. He was Attorney General of the Republic, Minister of Justice, and Congressman. He does so through the mouth of Rivas Moreno, a constitutional lawyer, with care and good humor."
Of course, this humble writer cannot deny the existence of the “literary constituent” and attribute to it the character of a category, which does not obviate the question of whether the “assembly” knows of the existence of the typology.
The importance that Professor Emeritus Manuel Aragón of the Autonomous University of Madrid attributes to the right to suffrage in a thorough analysis of this legitimation (IDEA Edition) must be taken into account. The academic warns that the vote is decisive when a vote is necessary in an entity composed of a plurality of people, be it the old Roman Senate, the old German Imperial Diet, or the College of Cardinals—examples, by the way, as the professor points out, far removed from democracy. For Aragón, the right to suffrage must be located in the public sphere, not the private sphere, as it has an unavoidable political connotation. It is attributed to the citizens of a political community to make decisions that affect that community's government. The maxim is, therefore, that "there is no democracy without universal suffrage, but there can, on the other hand, exist universal suffrage without democracy," of which there have been and are sufficient examples. The universal nature of suffrage is not enough to consider it democratic; it must also be free, equal, direct, and secret. But it is also crucial that it be given equal value, that it be cast without intermediaries, that is, a manifestation of a free decision—a free will, that is, an expression of uncoerced will. The considerations of this distinguished academic undoubtedly inform the insights of this essay. It is a duty to acknowledge this.
An irrefutable maxim, in light of the above, would seem to be that from “a suitable constituent assembly” will come “a suitable Magna Carta.” That is, "a methodology for the harmonious development of the people has been given to it, a goal that involves the difficult definitions of the so-called "ends of the State," incidentally, one of the most debated issues by so-called "political ideologies" throughout the existence of humanity itself. We read: "Liberals and neoliberals propose the dismantling of the State; fascists deified it as instruments of their appetite for power; Marxists wished to gradually eliminate it, as a means of domination at the service of the hegemonic class; anarchists proposed eliminating it in one fell swoop; and socialists and social democrats believe it should be democratized so that, led by a socialist majority, it establishes fair forms of social coexistence." The issue, as the reader will guess, is as complicated, or perhaps more so, than the so-called "constitutional precocity."
In an interesting work by Cesar Pérez Jiménez, associate professor at the University of Zulia, he states that "conceiving a political project centered on social coexistence basically implies a transformation of the symbolic and practical modes in which the ideals of national and global liberation of a territorially specific group converge, tending toward the emancipation of being and knowledge. It demands the social participation of different actors, based on the logics that identify them as guarantors of peaceful coexistence, in order to illustrate a discursive body based on the languages of duties and rights of a pluralistically democratic and participatory citizenship. Such aspirations can be achieved according to a pedagogical systematization that emphasizes practices that legitimize cultural reproduction and production, as they recognize forms of communication and semiotic production that underlie the processes involved."
We get the impression, based on what has been stated throughout these pages, that achieving the goals of the State, as well as electing suitable constituents, is a tendency, that is, a "propensity or inclination in people and things toward certain ends."
Harmonious social development does not exist in its ideal form due to the inherent complexity of human societies and the diversity of interests and needs. Disharmony manifests itself in social inequalities, conflicts, lack of access to resources and opportunities, and the difficulty in achieving consensus on social goals and values.
We're aware that our essays cover complex topics that are therefore difficult to understand. This one is perhaps the most complex, so to conclude, we resort to the simplest methodology, the "AI-created overview," and from it we copy:
“Harmonious social development does not exist in its ideal form due to the inherent complexity of human societies and the diversity of interests and needs. Disharmony manifests itself in social inequalities, conflicts, lack of access to resources and opportunities, and the difficulty in achieving consensus on social goals and values.”
And we continue with the same source:
“Factors that hinder harmonious social development: 1. The unequal distribution of resources, power and opportunities creates tensions and conflicts between different social groups, hindering social cohesion; 2. Competition for resources, access to justice, discrimination and lack of inclusion can generate social conflicts that hinder harmonious development; 3. Lack of access to education, health, housing and other essential services limits people’s potential and perpetuates inequality, preventing balanced social development; 4. The lack of spaces for active participation of citizens in decision-making makes it difficult to build consensus and meet the needs of all sectors of society; and 5. Cultural differences, environmental stresses and natural disasters can also negatively affect social development and create imbalances.”
And we finish with AI:
"In short, harmonious social development is a difficult ideal to achieve due to the complexity of human interactions and the existence of various factors that generate inequality, conflict, and exclusion. However, it is important to continue working toward this goal through inclusive public policies, the promotion of citizen participation, and the search for solutions to social problems."
Dear reader, let us therefore be content to admit that “constitutional precocity” has a friend in the cumbersome nature of “social development.”
Let's call it "for now," as President Hugo Chávez labeled one of the chapters of his complex exercise of power.
The reader has the floor.
«The opinions published herein are the sole responsibility of its author».