Importance of Constitutional Guarantees

Constitutional guarantees are enormously important in any democracy because they allow to put a limit to some abuses that could be carried out by the state. Given their importance, these guarantees remain in force over the years without it being possible to eliminate them by conventional means. In the event, however, that the Constitution is suspended for some political reason, they should be reinstated at the time of the normalization and would surely bring harsh treatment to those responsible for this circumstance. However, it is worth mentioning that a situation like the one described could only occur in immature democracies, where there are huge civil conflicts that are difficult to resolve; In the case of a country with institutions with a long history, what has been proposed is almost impossible.

The constitutional guarantees They receive this name due to the fact that they are explicitly contained in the constitution of each country, that is, in the basic law on which the other laws are based. Its modification is infrequent and in the event that these guarantees are carried out, they remain in force due to the fact that they are essential. Indeed, guarantees must be above all a defense of widely accepted rights, rights that can be understood as natural to man.

The constitutional guarantees They basically affect rights that can be considered basic for the development of a society. These rights are to private property, to freedom, to work, to physical integrity, etc. In order for the protection of these rights to be much more than a declaration of wishes, mechanisms are established that allow them to be protected quickly at all times. Some examples of these mechanisms may be amparo or habeas corpus. Any anomalous situation can be stopped immediately with any of these procedures, giving the person a degree of defense against abuse at all times.

The guarantees are suspended in the event that there is a totalitarian regime. In these circumstances, they begin to be set aside to avoid having limits regarding the practice of power. Certainly, in these cases there is a violation on the part of the state towards society, a violation that can only be eliminated through a radical reaction on the part of the people. We must always bear in mind that guarantees mean an expression of the society that arises for protect themselves and each individual person when the power of the state is used irresponsibly.