Abstract

GUZMAN HERNANDEZ, Yan. Dignity as "First law of our Republic" and "with all and for the good of all": two dialectical duties from Martí's axiology in the Cuban Constitution. Rev. Derecho Estado [online]. 2015, n.34, pp.127-151. ISSN 0122-9893.  https://doi.org/10.18601/01229893.n34.07.

José Martí is the National Hero of Cuba. His thought has progressively nurtured the axiological basis of the current Cuban Constitution, where as direct and indirect references to his ideas are found in the Magna Charta. Two out of all these references are topic subject of this paper: "el culto a la dignidad plena del hombre" (the worship to the full dignity of man) and, "con todos y para el bien de todos" (with all and for the greater wellness of all). The first reference can be found in the Preamble and both of them in the fundamentals of the Cuban State expressed in Chapter I, by large, the most important. However, as the cuban constitutional theory has stated before, one of the hardest limitations in the 1976 Cuban Constitution refers to its lack of statutory development. That is why this paper aims to set some keys in order to trascend Martí's own axiology from the current constitutional frame work to judges and law-makers.

Keywords : Constitution; Martí's axiology; dignity; social inclusiveness; principles; values; statutory development; hermeneutics; direct statutory effect.

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