The Cuban Constitution of 2019: A Critical analysis

Abstract

In July 2018, the National Assembly of Cuba began the process of discussing a preliminary draft of the new Cuban Constitution. Between August 13 and November 15, 2018, the Assebly convened a phase of popular consultation among citizens for the discussion and collection of proposals, prior to the debate for consideration in the chamber and its subsequent ratification in a referendum in February 2019. The new Cuban Constitution is the legal-formal concretion of a material constituent process that has been refounding the economic and social relations of the island since the early 90’s until today. The present work will analyze what these transformations have been and will make a critical analysis of the 2019 Cuban Constitution.

Summary:
I. INTRODUCTION. II. SOCIO-ECONOMIC TRANSFORMATIONS AND MATERIAL CONSTITUENT PROCESS IN CUBA (1991-2018): II.I. The Special Period and the Constitutional Reform Act of July 12, 1992: II.I.1. Changes in property forms. II.I.2. The regulation of foreign trade and the decriminalization of the dollar. II.II. Retreat of Fidel Castro and transformations of the last decade (2006-2017): II.II.1.Transformations in agrarian property and the reform of the Housing Act. II.II.2. Reforms in work and social security. II.II.3. The Foreign Investment Act of 2014. III. THE NEW CONSTITUTION OF 2019: ADVANCES AND DEFICIENCIES: III.I. The procedure of approval of the Constitution. III.II. The absence of supremacy and direct applicability of the Constitution. III.III. The bill of rights: lights and shadows. III.IV. The Party, the political organization and citizen participation. III.V. The territorial Administration: elimination of the Provincial Assembly and creation of the provincial governor. III.VI. The property and the economic model. IV. CONCLUSIONS.