Cuba: Needs an Authentic Constitution instead of a Political Declaration

Against all odds, Cuba’s draft constitution has caught the attention of its citizens, a country where there are plenty of displays of frustration. As the saying goes: hope is the last thing you lose. Are we really novices in constitutional laws?  We speak with attorney Miguel Angel Palencia Hernandez.

Miguel Angel Palencia Hernandez: Cuba swells with pride about its productive path in the field of law, backed by seven constitutions in its short history, ever since the beginning of the Independence wars. Unfortunately, under the heavy influence of absorbing Cuba fully into the Socialist bloc, our last Constitution (1976) was saturated with content that resembled a political declaration more than a constitutional doctrine.

HT: Your suggestions are not in the slightest bit flattering for the team, designed by the Communist Party, that drafted the new constitution.

MAP: From the very beginning, there has been great controversy: popular sovereignty o single Party supremacy? The Cuban Communist Party’s (PCC) pre-eminence is declared in Chapter I (Political Foundations of the State), while popular sovereignty, the essence of every democracy, appears in the background in Chapter VI when the State’s structure is established.



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