A Doctrinaire Constitution
A constitution is not a doctrinaire document, but is rather the result of consensus among differing political, economic and social positions.
Throughout the current project to revise the constitution, the effort has been made — using other language — to introduce the Party’s political, economic and social guidelines, so as to endorse them constitutionally and pull one over the eyes of the Cuban people. A single ideology permeates each article — sometimes at the start, others at the end. It’s like the master pastry chef who deems it necessary to add a drop of lemon to each one of his creations.
The 1940 Constitution, free of ideological adornments and respectful of Cuban history and traditions, when analyzed today — 78 years after its promulgation — continues to dazzle for its responses to the moment in which it was drawn up and its foresight about the immediate future, without imposing straitjackets on succeeding generations. Without a doubt, the delegates to the Constitutional Assembly of 1939 achieved a Constitution for “with all and for the good of all,” as the Apostle would have exhorted.*
The 1976 Constitution and the current project do not come close to it in depth nor transcendence — but rather remain as simple doctrinaire documents, far from the conviction and needs of the Cuban people — what with both being focused on maintaining one Party’s hold on power, at all costs and with no regard for the country’s development nor its citizens’ wellbeing.
Herein is the reason that, in the current draft document, are found so many restrictive and discriminatory measures in the political, economic and social order — which will only be greater in the new laws that will complement it.
*Translator’s Note: Refers to a phrase spoken by Jose Martí (christened by Cubans as “the Apostle”) in 1891. It has since been invoked by countless orators and writers to convey the spirit of the ideal Republic.