NewsWhore
01-09-2009, 04:10 PM
Legal experts Eduardo Jorge Prats, Aura Celeste Fernandez and Justice Commissioner Lino Vasquez also reject the idea that the creation of a Constitutional Chamber would put judicial security, democratic governance at risk, and produce a "train wreck" between the three powers of the State as claimed by Supreme Court Chief Justice Jorge Subero Isa.
A constitutional export, Jorge Prats argues for the creation of a supreme electoral jurisprudence, one constitutional and the other administrative and for the Supreme Court to keep to its attributions in civil, commercial, penal, labor and property issues.
He says that contrary to what was said, the proposal for constitutional reform submitted by the President would strengthen the administration of the judicial system and the institution itself. "It is not some invention by the commission of jurists, it is not something that was forced upon us, but something that responds to the idea that in a constitutional democracy there is a need to divide powers, because power corrupts and absolute power corrupts absolutely."
For judge Aura Celeste Fernandez, a member of the Central Electoral Board (JCE), the creation of a Constitution Chamber would contribute to a more credible and independent justice system and would help reduce the heavy concentration of powers in the Supreme Court.
In her opinion, in spite of the efforts and the work towards the reform and the modernization of the justice system, there are still gray areas "that all of us should recognize, and that these precisely are part of the challenge for 2009, so that they do not continue to exist, and that there should be no interference or influence in a court."
Fernandez emphasized that "life itself, after ten years of judicial reform, has told us that it is necessary to reduce the excessive power of the SCJ in such a way that justice can be meted out with more independence and in a much less concentrated fashion, and this in no way, in my humble opinion, will hurt what has been built, the small or large amount that has been achieved."
Lino Vasquez emphasized that the country needs a Court for Constitutional Guarantees, with the idea of guaranteeing access for all citizens interested in filing a case on the violation of constitutional rights.
He said, "No way do we believe that this endangers the country's institutionalism. In countries where constitutional guarantee tribunals work, there is a law of constitutional procedures that regulates everything."
Lino Vasquez feels that the Constitutional Chamber and the Superior Administrative Tribunal represent a step forward when it comes to guarantees, because decisions on constitutional issues have not been developed, as has occurred in other countries.
The reaction of the jurists came in response to the stance taken by the Chief Justice of the SCJ, Jorge Subero Isa, during his speech at the ceremony marking the Day of the Judicial Branch.
More... (http://www.dr1.com/index.html#6)
A constitutional export, Jorge Prats argues for the creation of a supreme electoral jurisprudence, one constitutional and the other administrative and for the Supreme Court to keep to its attributions in civil, commercial, penal, labor and property issues.
He says that contrary to what was said, the proposal for constitutional reform submitted by the President would strengthen the administration of the judicial system and the institution itself. "It is not some invention by the commission of jurists, it is not something that was forced upon us, but something that responds to the idea that in a constitutional democracy there is a need to divide powers, because power corrupts and absolute power corrupts absolutely."
For judge Aura Celeste Fernandez, a member of the Central Electoral Board (JCE), the creation of a Constitution Chamber would contribute to a more credible and independent justice system and would help reduce the heavy concentration of powers in the Supreme Court.
In her opinion, in spite of the efforts and the work towards the reform and the modernization of the justice system, there are still gray areas "that all of us should recognize, and that these precisely are part of the challenge for 2009, so that they do not continue to exist, and that there should be no interference or influence in a court."
Fernandez emphasized that "life itself, after ten years of judicial reform, has told us that it is necessary to reduce the excessive power of the SCJ in such a way that justice can be meted out with more independence and in a much less concentrated fashion, and this in no way, in my humble opinion, will hurt what has been built, the small or large amount that has been achieved."
Lino Vasquez emphasized that the country needs a Court for Constitutional Guarantees, with the idea of guaranteeing access for all citizens interested in filing a case on the violation of constitutional rights.
He said, "No way do we believe that this endangers the country's institutionalism. In countries where constitutional guarantee tribunals work, there is a law of constitutional procedures that regulates everything."
Lino Vasquez feels that the Constitutional Chamber and the Superior Administrative Tribunal represent a step forward when it comes to guarantees, because decisions on constitutional issues have not been developed, as has occurred in other countries.
The reaction of the jurists came in response to the stance taken by the Chief Justice of the SCJ, Jorge Subero Isa, during his speech at the ceremony marking the Day of the Judicial Branch.
More... (http://www.dr1.com/index.html#6)