Excess and abuse


The classical concept of the State as an entity that enjoys absolute and unlimited sovereignty, has already passed into history. In this reality, the Cuban government does not quite fit. It exercises its sovereignty regardless of principles such as good faith and no abuse of rights.

A characteristic of the State is sovereignty and knowledge, national and international governmental authority that is paramount, which implies independence from external powers and control over domestic groups.

Cuba’s state sovereignty is exercised by the Council of State, a body that has the supreme authority of government. Its power derives from the Constitution, which delegates to it all rights for external action. Article 89 recognizes that the Council of State, “(…) is the organ of the National Assembly of People’s Power that represents it between sessions … the national and international purposes, the highest representative of the Cuban state.

The Council of State has no constitutional limits to the exercise of its powers. There are no regulations on its acting as a representative of parliament and in what it does on behalf of the State. In other words, it is outside any control when it overreaches in exercising its powers. More than unity in action, what this causes is centralization of power.

These consequences occur because the whole institutional system depends on a single center. And we find that members of the Council of State as well as the parliamentarians, form part of the executive and head the only existing legal party.

In practice they are State and government. Unlimited power, which allows the government to monitor and regulate the entire space of sociopolitical and economic development of its citizens. The governed, by contrast, are unprotected and are vulnerable to the excesses and abuses of those who hold the sovereign power.

Laritza Diversent

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