Since 2008, from the American real estate burst to its European ramifications, a lot of time has passed, but, honestly, it seems that nothing has changed. In this period we have seen how the crisis was not simply a word linked to the economy. We watched impassively as it was a disguise that hid intentions behind it that they never told us or mentioned. To the decadent economy, the risk premium or the unbalanced banking system, was added the human drama, the diminished society, hunger, poverty, injustices, arbitrariness, repression. But let's not be so naive if we want to attribute exclusive responsibility to a real estate crisis or a massive speculation of deals - which of course have their degree of responsibility.
The model has failed us. Our democratic pillars founded on freedom, equality or law have been attacked in all their areas. As Professor Antonio Rovira says in his book "It is not fair", "a bonsai democracy, beautiful, but cut and small, formal but useless as a hologram", an arbitrary state that turns its back on its citizens, a state with laws and rights that justify acts that often seem surreal and morally questionable. Paper walls that are an example and mirror of an obsolete system, which cannot resolve the demands that are needed and required in times of social change. I explain some considerations.
Power is the one who has the power to do. Power is nothing without doing. He who has the helm of power-doing has control, command. In order for that power to be fair and to ensure that it fulfills its social and legal functions, we need a strong legal structure. The law is an instrument and we use it to feel safe, so that no one can attack us and violate our space. The law limits individuals, but also the power-doing.
The separation of powers is the basis of the democratic system. A strong judicial power is needed, far from the doctrines of the executive, of power. Every Constitution, in order to be democratic, must reflect a real separation of powers and guarantees that ensure that this is fulfilled. Unfortunately, day after day, we see how the strip between the judicial power and the executive power is narrowed. A judicial power that on paper assumes the principles of Montesquieu, but that in reality is controlled by the power-doing. What is the point that in a country like Spain, judges continue to be appointed, as far as their judicial evolution is concerned, by the General Council of the Judiciary, and that these are designated by political parties? It makes no sense, if it were not because power wants to encompass justice. As long as this continues to happen, we will not have a balanced, democratic and fair country.
The Constitution of 1978 is a reflection of an era and circumstances that required in situ decisions. They did the best they could, they left us a legacy at the level of any democratic country, of a caliber forged with the best steel. I recognize his honorability, but I must recognize his temporary decadence. No Constitution is unlimited even if its composition is rigid, but modification, adaptation and improvement are essential elements of its life. We must not be afraid to change, since when something does not work normally or its vital constants weaken, we must rehabilitate them and provide them with the best forms we have in the present.
Freedoms are conquered and perfected in their exercise, in the actions of each of us, freedoms are achieved and cared for. Power must be the mechanism for achieving the essential ends of man, the justification for fighting for integration, collaboration, sensitivity and the good of all. Let us not be afraid to believe, to dialogue, to agree. In 1978 we did it, why not in 2016? It is fair and it is necessary.
*Ayoze Corujo Hernández, student of Political Science and Public Administration at the Autonomous University of Madrid.
