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Justicia Juris

versão impressa ISSN 1692-8571

Justicia Juris vol.11 no.1 Barranquilla jan./jun. 2015

 

EDITORIAL

Ban to be re-elected president in Colombia

As a result of recent political events experienced by the country, the public opinion has known a new approach to structural order in the Colombian government that was embedded in the Constitution of 1991. This new approach has to do with amendments that Congress wishes to debate as soon as possible, in bills submitted by the executive. This Constitutional reform seeks to change back the time or period of the presidents to four years bringing it to five or six years and the removal of being reelected president continuously that had been repealed in the aforementioned new Constitution of 1991. However, it was revived in the early period of the previous government by exotic and compromising legislative situations for the ruling turn president to run again presidency for another four years. As a result, all members of the Congress and the Government involved in this unlawful activity were taken to trial for changing votes and using their power to persuade other members of the Congress. But as everyone knows the government which began on August 9, 2014 brought a bill to Congress abolishing the presidential election and extending the period of the president one or two years, which has been put on hold, even though there is majority of the president´s party in the Parliament.

The philosophy of reelection

The reelection is not a big mistake as many may think. It is a lawful right that the President of a Nation has thanks to the presidential system. The election may be immediate or passing one or more periods, for a president who had done a good job. In this way, the president candidate could continue ruling over or enrich its government further. It’s like a prize; a reward already planned many years ago by the great theorist of political science, Maurice Duverger, when he said that everything in life as in politics should reward the good and punish the bad. If it is seen from this point of view the presidential reelection has or may have good points and negative consequences: It depends on individuals in the first place, then on the country´s situation and each country´s uniqueness, and finally the circumstances that led him to rerun for presidency. But yes, in its philosophical, reelection is neither good nor bad by itself because it’s just a shape, a modus operandi of the political idiosyncrasies of each state.

The presidential reelection in the history of many countries

The single monarchical structure of European countries and some Asian countries like Japan, for example, no matter they have a parliamentary regime, a monarchy or democracy and absolutist status of powerful kingdoms, each of which implies continuous re-election. Princes and kings inherited themselves a singular conception of an indefinite reelection. It is true that in most monarchies the king is a figurehead that is only to be consulted when the constitutional ends shake the country. This is not true; monarchs are always behind the scenes, between racks, but they are there. Your suggestions and insinuations his orders are decrees. When the military tried to take power over Prime Minister Adolfo Suarez government in Spain, the country almost goes down and only the upright figure of a King from the media called to order and sanity. This could save the country of Cervantes.

Almost all European countries allow presidential reelection on their prime minister or head of the government as some call it, because they are states that are governed by constitutions that outline a parliamentary regime. And this allows reelection. It is a different way to get to it but you get. In the United States, the strength of two strong political parties allows reelection becoming a routine matter for the ruling party. On the other hand, in Latin America through history almost all countries have seen this figure not only within the democratic process of changes in power, but also in institutionalized absolutist regimes or dictatorships, where turn dictators were assembling the shed to remain in power. Several examples to prove it as in Argentina, Venezuela, Paraguay, Chile, Mexico and several central American nations.

Today, it is revived the issue and practice with good results, as embracing powers have been established with or without the appearance of it in Nicaragua, Ecuador, Venezuela, Bolivia.

The history of re-election in Colombia

Undoubtedly, in addition to factors such as reward or punishment the presidential reelection is the scientifically proven fact of what the ambition of the leader can do. In fact, the same people can claim re-election as a reward for the country, but if the candidate president does not approve the issue remains. People may desire and seek a ruler but democracy is ultimately -in the votes that decide.

Colombia historically does not believe in reelection. Conventions and meetings of all kinds, of all stripes, from all parties with another name that later changed other ones, always danced to the reelection missed. Angostura, Ocaña, Rionegro, were hardly grounds or conventions, assemblies or meetings which decided in awful times for the country if the leader deserved or not to be reelected. Tomas Cipriano de Mosquera whenever it was proposed to be re-elect President and occasionally changed the constitution to be able to do. The same Rafael Nunez four times Colombian president, reelected to rule Colombia with the tranquility of a satisfied bureaucrat from El Cabrero neighborhood of Cartagena.

From Bolivar and Santander, from the Great Colombia age, the country tried, succeeded, praised, condemned and claimed the president’s reelection. So to express or hold reelection in Colombia is an exotic phenomenon and a fallacy. On the contrary, it has been and still is in some circles, an endemic political custom that is sought or left. It is adopted or is neglected in the manner and characteristics of each era.

Most recently in the country’s history, one of the most illustrious such as Dr. Carlos Lleras Restrepo, an important Colombian political figure, who sought reelection after showing how great he was reforming the administration. And so, his cousin, intended to imitate merits, Alberto Lleras Camargo that if re-elected, but he was defeated by another eminence Alfonso Lopez Michelsen. So if there is a pretention to ignore that phenomenon in our history, it is as to ignore our history. What is truly momentous to any serious study on the subject is to check how the story was beneficial to the country’s presidential reelection and how often this one was harmful. That itself is the true heart of the matter to be determined according to the time, circumstances and political characteristics of the moment, whether or not it may be appropriate to the interests of the country.

The reelection in Colombia nowadays

Today the country is polarized between two political lines that do not obey any doctrinal approach. The Public policy in the country unfortunately, has lost his northern ideas. Perhaps liberalism and conservatism in any section, traditional parties in our history, it is in some corner traces of the philosophical principles that justify our doctrines. It is a task taken by the academy already: Rescue the experience of the parties, their doctrine, principles, attitudes and issuing manifestos fall in love with a youth who every day looks more distant the ascertainment of partisanship.

However, Colombia at this time does not stand, neither supports nor should it, nor need the presidential reelection. In the eight years of the last government, the country experienced a tortuous process where all kinds of political principles were violated under the presidential reelection period. He even came to trade votes and support in Congress in order to reform of the Constitution. It is not an invention or a product of the imagination, justice still continues looking who else is guilty, but all broke the dam of sanity and wisdom. At this moment, it is not advisable to continue rehearsing presidential reelection in Colombia because the country is not ready politically.

The current president has therefore proposed that the reelection should be removed from the system and instead, he aims to increase the period to five or six years. It was presented to Congress reforming the Constitution and most likely would have an uncertain fate. This theme together with other political reforms seeking a balance of powers can do much good for the country right now and prevent in the future for those who wants to be reelected, using the command and state resources to benefit.

Alvaro de la Espriella Arango
Solicitor and economist, MA in Political Science
Author of works and social policies
Full-time teaching faculty of law at the Autonomous University of the Caribbean.