Friday , February 3 2023

President Piñera and his political responsibilities


To speak of the political responsibility of a ruler is to control the exercise of the power he demonstrates, that is, to determine whether his power can be absolute or, conversely, subject to principles and rules. limit.

In a democracy, the exercise of power implies the necessary weights, such as respect for the Constitution and laws that allow for the full development of society, the separation of institutional powers, and civil liberties.

In any modern democracy, rulers must be accountable to their citizens for the exercise of their powers, and society must be held accountable for corruption, abuse of power, or human rights abuses, and be held accountable for their actions or inactions. violates these principles. Chile is no exception.

There are many protected beings, but there are at least three bases: probability, transparency and trust, all the basic principles for the unity and stability of a democratic society.

For this reason, the controversy surrounding the disclosure of a possible appropriation around the Dominga mining project in the Coquimbo Region, involving the direct or indirect involvement of President Sebastian Piñera, cannot be left unanswered in a double sense. The first is what the National Congress will decide as a political responsibility in the performance of the President’s duties; and then, if the information is substantiated, a criminal decision appropriate to the Courts of Justice. In a formal democracy, both procedures are carried out in separate lines, because they correspond to different areas: one to the Political Law, the other to the Criminal Law.

The realization of the responsibility of the rulers is the result of centuries of development in the constitutional history of the West, not only to make democracy possible, but also to avoid abuses and excessive and arbitrary concentration of power.

In particular, political responsibility is the result of improper or improper use in accordance with the powers of a body or representative and in the public interest. In carrying out his duties, he is neither less than a judge of political and legal value, nor does he express criminal liability in accordance with the Criminal Code. And strictly speaking, they do not match.

The international criterion for understanding and understanding the actions of rulers is to know the four main characters. First, to suit people or groups holding public office; secondly, it implies the exercise of state power and a certain margin of free decision; thirdly, the existence of the subject’s personal interests, directly or indirectly, in the commission of this action or omission, and the awareness that such interests overlap; fourth, the official knows that his actions or omissions are illegal or unlawful, that is, directly contrary to the interests of citizens.

Given the autocratic text of the current Political Constitution, these four points will be difficult to address. However, Article 8 states the following: “The performance of public functions compels the owners to perform them seriously to the principle of probability in all speeches”. And adds: “Acts and decisions of state bodies, their bases and procedures used are open.”. So, transparency and openness are the orientation values ​​of the whole system. Expressing this, he reaffirms: “The President of the Republic, Ministers of State, Deputies and Senators and other powers and officials specified in the constitutional organic law must openly declare their interests and property.”.

In appointing the Chairman of the Republican Body, Article 24 states: “The government and administration of the state correspond to the President of the Republic, who is the Head of State. Its powers, in accordance with the Constitution and laws, apply to everything aimed at maintaining public order within the internal and external security of the republic.”. And in Article 32, Article 20, the President:Pay attention to the collection of state revenues and invest in accordance with the law (…) ”.

Corruption is a violation of the basic principles that all public activities, which are the basis of a democratic regime, must be in the common interest of citizens. Today’s question is whether President Sebastian Piñera will abide by it. Constitutional persecution is for that.

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