Lawfare, constitución, y nuevo orden internacional

Authors

  • Jorge Cholvis

Keywords:

Lawfare, New Constitution, Judiciary, Democratization

Abstract

A close look at the contemporary historical process shows that it has caused an institutional collapse to the detriment of the living conditions of the great majorities. We find that with the installation of forum shopping by judges who are cronies of the de facto and de jure powers, the rule of law has been marginalized in terms of individual guarantees. With lawfare, the service of justice is perverted to the point of turning it into an instrument of persecution. It is for this reason that it is necessary to prevent this jurisdictional and media perversion and to rethink the institutional structure of our judiciary and the performance of the mass media. To this end, the following paper proposes the need for a new constitution that incorporates precise norms as a means to confront lawfare, the judicialization of politics and "war journalism". Emphasis will also be placed on the need for a transformation of the Judiciary and its democratization in order to guarantee the enforcement of the rights enshrined in the constitution and on the institution of a social communication system with the right to information, freedom of expression and citizen participation. it is necessary to make effective the right to truth as an "autonomous and inalienable right" that does not admit suspension and
is not subject to fake news.

Author Biography

Jorge Cholvis

Abogado constitucionalista

Published

2023-04-03