Constituent Assembly is a democratic and participatory mechanism, established in the Political Constitution of the State , which allows a total reform of the Political Constitution, in other words, it is the means to modify the rules and norms of democratic coexistence in a space for dialogue , deliberation and agreement.
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- 1 Objective
- 2 Constituent Assembly of France (1789-1791)
- 3 Cuban Constituent Assemblies
- 1 Constituent Assembly of Guáimaro
- 2 Constituent Assembly of Jimaguayú
- 3 Constituent Assembly of Baraguá
- 4 Constituent Assembly of the Yaya
- 5 Constituent Assembly of 1901
- 6 Constituent Assembly of 1940
- 7 Triumph of the Cuban Revolution
- 8 Socialist Constitution
- 4 Sources
The sole purpose of the Constituent Assembly is to bring together representatives of various sectors of society, democratically elected by universal vote, to deliberate, debate and reach agreements that allow the drafting of a new Political Constitution of the State that reflects the socio-cultural diversity of the country. Upon completion of this mandate, the Assembly is dissolved and its implementation takes place based on the design and drafting of new technical and regulatory instruments that are required.
Constituent Assembly of France (1789-1791)
Formed by decision of the members of the bourgeoisie within the Assembly of the General States summoned by King Louis XVI; abolished privileges, subjected the clergy to civil power and secularized their assets, ordered the drafting of the “Declaration of the Rights of Man”, and established the empire of the Constitution of 1791. The king was forced to give in to continued opposition to the royal decrees and the predisposition to mutiny of the Royal Army itself. On June 27, he ordered the nobility and clergy to join the self-proclaimed National Constituent Assembly. Louis XVI gave in to pressure from Queen Marie Antoinette and the Count of Artois (future King of France by the name of Charles X) and instructed several loyal foreign regiments to concentrate on Paris and Versailles. At the same time, Necker was again removed from office. The National Constituent Assembly began its activity motivated by the disorders and disturbances that were taking place in the provinces (the period of the “Great Fear”). The clergy and the nobility had to renounce their privileges in the session held on the night of August 4, 1789; the Assembly passed legislation abolishing the feudal and manorial regime and abolishing the tithe, although compensation was granted in certain cases. Other laws prohibited the sale of public offices and the tax exemption of privileged estates. The Constituent Assembly, invested by the circumstances of the legislative power and the functions of government, issued some four thousand decrees, which affected the social, political and economic organization of France. His work took shape in the Constitution of 1791, the first of the modern written constitutions. That Constitution was the work of legislators who were disciples of the 18th century philosophers, mainly fromMontesquieu and Rousseau , who, guided by some simple principles, applicable not only to France, but to all societies, made a clean sweep of the institutions of the past and built a completely new edifice. The Constitution of 1791 was founded on the principles summarized in the famous Declaration of the Rights of Man and the Citizen, and together with it the delegates formulated the ideals of the Revolution, later synthesized in three principles, “Liberté, Égalité, Fraternité” (“Freedom, equality, fraternity”).
Cuban constituent assemblies
Constituent Assembly of Guáimaro
Main article: Constituent Assembly of Guáimaro .
It was the first moment of Cuban constitutional development. It happened in Guáimaro , Camagüey six months after the Ten Years’ War started . It began October of April of 1869 and representatives from all regions gathered up arms in order to achieve unity of the independence movement and create a government which govern all fighting for the independence of Cuba . The First Constitution of the Republic in Arms was approved.
Constituent Assembly of Jimaguayú
Main article: Assembly of Jimaguayú .
Great meeting that endowed the Republic in Arms of the government to lead the war for the independence of Cuba and established a provisional constitution. A momentous historical event, which took place from September 13 – 18 , 1895 in Jimaguayú , Camagüey. It constituted a step forward with regard to governmental organization, since unlike Guáimaro, it achieved the necessary balance between political and military factors.
Constituent Assembly of Baraguá
After Protest Baraguá in March of 1878 , revolutionaries gathered in this historic place, made every effort to continue the war, and to achieve this goal, developed the briefest Constitution consisting of 6 items and established a provisional government. Despite the heroic decision and firm resistance, the existing conditions did not allow the war to continue for long.
Constituent Assembly of the Yaya
Main article: Assembly of La Yaya .
The October of October of 1897 , fulfilling the provisions of the Assembly of Jimaguayú, took place in Camagüey another Assembly of Representatives of the independence forces which approved the Constitution of the Yaya consisting of 48 articles and even ratified essentially established in Jimaguayú, introduced changes that subordinated the military command back to civil power
Constituent Assembly of 1901
Sesionó between late 1900 and early 1901 , during the first military occupation of the United States in Cuba. Its delegates were in charge of writing the first Constitution of the Republic of Cuba.
Constituent Assembly of 1940
Main article: Constituent Assembly of 1940 .
Although the new Constitution had a bourgeois character, several of its articles included the aspirations and demands of the Cuban people, thanks to the work of progressive forces, and especially the Communist Party. The 1940 Constitution was considered progressive for its time and one of the most advanced on the continent.
Triumph of the Cuban Revolution
The 7 of February of 1959 , a few days after the revolutionary triumph, the fundamental constitutional law introducing amendments to the Constitution of 1940, and were reflected the true demands of the people approved.
The 24 of February of 1976 was proclaimed the Socialist Constitution reflecting Marti ‘s thought, the system of values and aspirations and ideals of Cuban society