The Constitution proclaimed in its preamble the establishment of a democratic state of law, designed to ensure the exercise of social and individual rights, freedom, security, well-being, development, equality and justice as the supreme values of a fraternal society, pluralistic and without prejudice. It is worth bringing to light the existence of the principle of supremacy of the public interest, which informs all administrative law directing the conduct of agents. It happens that, in the ambit of social relations, there will be conflicts between the public interest and the private interest, so that, in the event of this conflict, the public interest, that is, the one that serves a larger number of people, prevails.
According to the Washington Post report published on 13th January, 2012 these are some examples:
- Assassination of U.S. citizens: President Obama has claimed, as President George W. Bush did before him, the right to order the killing of any citizen considered a terrorist or an abettor of terrorism.
- Indefinite detention: Under the law signed, terrorism suspects are to be held by the military; the president also has the authority to indefinitely detain citizens accused of terrorism.
- Arbitrary justice: The president now decides whether a person will receive a trial in the federal courts or in a military tribunal, a system that has been ridiculed around the world for lacking basic due process protections.