From “everyone is born free and equal” to the digital “chip” and the algorithmic classification of those who live or will live

Practical analysis of how political actors have distorted the Constitution in different ways

Abstract

Every democratic system, and especially ours (which, due to its delay, assumes the experiences of the Constitutions of the second post-war period) is the result of a progressive evolution that begins with constitutionalism in the eighteenth century. With such foundations we have reached the highest levels of democracy and respect for freedom and equality. However, in recent decades these bases have been unknown; Even while respecting the rights and freedoms, the rules and principles that served as a guarantee and were auxiliary to such ultimate purpose of freedom, equality (and solidarity or fraternity) have been degrading. There is no longer an absolute king or a Leviathan that demands our rights in exchange for security. The State has evolved towards greater solidarity and has derived all possible consequences from rights. But partisan dynamics have been installed in all the main organs and have ignored due loyalty to the democratic system. Nothing is respected, or very little as we are going to see.  Democracy is considered by each block of parties in a truly biased way and adapted to their own interests.

And while all this is happen has meant monopolizing institutions and ignoring constitutional mandates, the new technologies (from which so much could be expected) serve disloyalties in two ways: first, being at the service of great actors (public and/or private) and not of individuals; and, secondly, diverting the attention of the public that is entertained with speeches that have little to do with reality, and also diverting the attention of the doctrine, hungry for news and convinced that the abduction of the institutions that calmly can be stopped. It has been planned and is being implemented. I can’t longer know if we are free, but we are equal today, equally defenseless against the invasion of an intelligence that is no longer (so) human.

Summary: 1. Approach to the main guarantee of freedom and equality. 2. The main guarantee of the two main pillars is the Judicial Power. 2.1. Generalized temptation. 2.2. The Judicial Power in the separation of powers as a guarantee of the Rule of Law. 2.3. Constitutional requirements. 3. Departure from constitutional mandates. 3.1. A long first phase. 3.2. A strange Legislature (the last one). 3.3. Irregularities that reach the jurisdictional power. 3.4. An insurmountable obstacle that should not have gone unnoticed. 3.5. He who sows winds reaps storms. 4. Total mutation due to generalization of new approaches? 4.1. Forgetting of the Constitution. 4.2. Theory and Constitutional Law or, again, Political Law? 4.3. Are we free and equal (and in solidarity) from new technologies and AI? 5. To conclude: there is no such thing as total mutation. Vindication of the Constitution. BIBLIOGRAPHICAL NOTE.