Influence of the French Revolution and the American Revolution on the Constitutions of America
Introduction
The influence of the French Revolution on the independence of Latin America has a lot. In addition, it shows us that this decision was not the most successful, it shows that the independence of Latin countries was the result of a colonial crisis. (Jorge Núñez)
In political expression, the Constitution has always been, adhered to the representation of state ostentation. Aristotle and Athens used this term before the 18th century, as an organization of written provisions, at the beginning of the 18 18th century, there are facts that marked the story with a difference of 3 years in 1776 the American and French revolution in 1789 being the last one who signed the transformation with a state fact, which was the rights of the individual and the inhabitant. While the Revolution America was aimed to guarantee individual emancipation and limited to the ruling state.
Developing
In France given on August 26, 1789, the French Revolution, the declaration and rights of the citizen, in this statement are several compendiums of recent constitutionalism, this was different from the American declaration in the judicial, the Constitution was not different, the Constitution was not High -hierarchy standard, more I believe, elements to establish a constitutional text, these are world acts disturbed the magnary letters of time, after twenty -one years of the Spanish -American revolution appears, here the rights of Hispanic America were established, here they denote seven state criteria : 1) Criteria of the written Constitution. 2) The population is the main role in government. 3) The rights of citizens declared in the Constitution are recognized.4) Division of powers. 5) Administration regimes appear. 6) Territorial Organization Strategies. 7) New constitutionalism is born, which grants the protection of constitutionality to the judges.
These aspects arose in France after a hundred years. These provided a fundamental and impetuous swap in constitutionalism at the end of the 18 The American Revolution, date on which Virginia Declaration of Rights (Virginia Bill of Rights) is proclaimed in erroneous mention to Bill of Rights English Year 1689. This is a revolutionary instrument, a dogma of rights, determined by delegates of the people, is in turn indicated the source of the rights of nature, and to the people as a principle of power as a principle of power. We can say that the Declaration of Rights of Virginia, instructs modern constitutionalism, union fundamental elements and organized compendiums of the state administration. Its hierarchy lies in the sovereignty of the people, world elements, representative regime, human rights, superior hierarchy, division of powers, limited administration, and the right of the population to modify their governance, or legislative power of the people, which examined In the Declaration of Rights of Virginia.
We realize that political instability and constitutional change in Latin America have submitted variations, these positive, as negatives in our current constitution essentially the legislative control and the creation of the constitutional courts. The image that the canons and operations of the State conform to the Constitution can be subject to controversy, it has been developed accelerated to the subcontinent since its inception in the opinion of Judge Marshall, in 1803 Marbury Vs. Madison, and its European restoration in Hans Kelsen ‘Wesen Und Entwicklung der StaatsGerichtbarkeit section”. (Hans Kelsen) The current governments must be under the command of the main rights and the norms indicated in the Constitution, so that the so -called political situation do not decay before. Terrorism, economic difficulties and geological, government and social catastrophes, which monitor persistence, stimulate the prohibition without limits of freedom and prevent the continuity of the State cannot occur against fundamental rights. (Carlos Bernal Pulido, 2007) Previously the Magna Cart. (Carlos Bernal Pulido, 2007)
The constitutions with respect to the twentieth century are divided into two: first the classification of power and then argumentation of rights, comes in domain of European Constitutions, specifically from the Spanish of 1812, this has been very well received in the constitutions of the twentieth century , have always been based on cementing constitutionalism and democracy. As progress is expressed, transformation of international constitutions, some Latin American countries have abolished the Constitution, not knowing if this is the end of a problem, the new Latin American constitutionalism specifies swaps and renewal that fulfills a constitution, then we could say that They are ductile, the Constitution admitted in Ecuador and the Plurinational State of Bolivia, or the 1991 Constitution of Colombia, contain rights (economic, cultural, social, political) for which they have been mocha.
The centrally Latin American constitutions of the twentieth century have suffered an evolution, in which 4 times can be visualized: first, consolidation of independence, innovation of economic and dependent autonomy. (1810-1850). (1850-1917) A period of strengthening the economy and industry. The social era of between 1917 and 1980, by influence of Europe is born the social defense. (1980-2000). Human rights stand out, there are new modifications in Constitution in Latin America with the aim of preventing human rights violation. In 1917, Mexico the radicality of its content was “however, seizure, replace In 1949. In the twentieth century we observed the reforms, readjustment in the two parts of the constitutional letters; First, regarding rights, progress in the twentieth century about social commitments, mainly with women, indigenous, who had been ignored. Second, the rights violated in the Governments of Latin America are enhanced in the 1970s where several countries added to their constitutions the rubric of several international treaties all this regarding human rights such as: Argentina, Colombia, Guatemala, Bolivia, Brazil, Costa Rica , El Salvador, Honduras, Ecuador, Paraguay, Dominican Republic, Peru, Venezuela. And third, the new constitutional evolutions have been amended, democracy has been protected, which would correspond to be untouchable by the international community.
conclusion
We could define the French and American revolution as the axis or influence to follow from Latin American countries, since it was these who promoted human rights, democracy and independence of each State, in addition; that were the guide for many constitutions to know how to integrate the people who were violated for years. Although he is still missing from the Constitution as a legal norm in our country we must recognize that it is because of the poor administration that is possessed, for those we are still a flexible constitution.
Bibliography
- Carlos Bernal Pulido. (2007). Obtained from http: // www.Scielo.org.MX/Scielo.PHP?script = sci_arttext & pid = s1405-919320070002002
- Hans Kelsen. (s.F.). Obtained from https: // www.degruyter.com/view/title/873
- Jorge Núñez. (s.F.). The French Revolution and Independence of Latin America. Obtained from https: // nuso.org/article/la-revolution-francsa-and-la-independence-de-america-Latin/
- Maurizio Fioravanti. (s.F.). Costituzionalism e Storia del Pensiero. Obtained from File: /// C:/Users/Mayri/Downloads/DialnetStuTuzionalismoStoriadelpensierogiuridicointerv-4395561.PDF
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