NewsWhore
02-12-2009, 03:30 PM
The debate regarding the constitutional reforms spilled over into the monthly luncheon of the American Chamber of Commerce. Dominican ambassador in Washington, Flavio Dario Espinal, a constitutional expert, was there to give his opinions on many of the proposed controversial modifications.
Espinal was a member of the commission of jurists convened by President Leonel Fernandez to draft a technical proposal for constitutional reform. He said the three most controversial points are: the discussion as to whether it is a good time to modify the constitution, the mechanism with which to do the modification, and issues regarding the popular consultations that were held before the project was submitted to Congress. Espinal said that "nobody can argue that this process has been hurried or a surprise. It must be recognized then that President Fernandez has been cautious and prudent in the conducting of the process, which is shown in the time it has taken and the different steps that have been fulfilled before the legislation reached the legislative chambers." He called the Revisory Assembly a "perfectly valid" mechanism for constitutional reform. Regarding the issue of whether or not President Fernandez did not respect the popular consultations, he said that "it is impossible to achieve a constitutional text that reproduces a carbon copy of all the proposals approved during the hearings." He said that the President has the right "to introduce his own emphasis and focus on the project that he sent to the Congress." He reminded the audience and the legislators that only the quality of the process "will give the historical legitimacy of this great task that (the Congress) has before it."
Senator Francisco Dominguez Brito (PLD-Santiago) and president of the Senate Justice Commission, also spoke, but was very critical of the project. He said that he was not in agreement with proposals for the Judicial Branch and disputed the proposal for a Constitutional Chamber independent of the Supreme Court of Justice. He said that the more he analyzes what is contemplated with the creations of a court of constitutional guarantees, "the more I am convinced that we should keep the current system: that it be the full Court that keeps control of constitutional issues in the Dominican Republic."
The next speaker was Servio Tulio Castanos, the president of the Foundation for Institutionalism and Justice. He said that his group considers the creation of a Constitutional Court independent of the Judicial Branch to be the formula that can best satisfy the demands for improving the constitutional jurisdiction in the country.
The president of the American Chamber of Commerce, Christopher Paniagua, said that if it is true that the reform defended by President Fernandez has considerable merits, "it is no less certain that the counterbalance that the administration of justice should represent is at risk when it separates from the Judicial Branch a function so essential to administrate justice."
More... (http://www.dr1.com/index.html#9)
Espinal was a member of the commission of jurists convened by President Leonel Fernandez to draft a technical proposal for constitutional reform. He said the three most controversial points are: the discussion as to whether it is a good time to modify the constitution, the mechanism with which to do the modification, and issues regarding the popular consultations that were held before the project was submitted to Congress. Espinal said that "nobody can argue that this process has been hurried or a surprise. It must be recognized then that President Fernandez has been cautious and prudent in the conducting of the process, which is shown in the time it has taken and the different steps that have been fulfilled before the legislation reached the legislative chambers." He called the Revisory Assembly a "perfectly valid" mechanism for constitutional reform. Regarding the issue of whether or not President Fernandez did not respect the popular consultations, he said that "it is impossible to achieve a constitutional text that reproduces a carbon copy of all the proposals approved during the hearings." He said that the President has the right "to introduce his own emphasis and focus on the project that he sent to the Congress." He reminded the audience and the legislators that only the quality of the process "will give the historical legitimacy of this great task that (the Congress) has before it."
Senator Francisco Dominguez Brito (PLD-Santiago) and president of the Senate Justice Commission, also spoke, but was very critical of the project. He said that he was not in agreement with proposals for the Judicial Branch and disputed the proposal for a Constitutional Chamber independent of the Supreme Court of Justice. He said that the more he analyzes what is contemplated with the creations of a court of constitutional guarantees, "the more I am convinced that we should keep the current system: that it be the full Court that keeps control of constitutional issues in the Dominican Republic."
The next speaker was Servio Tulio Castanos, the president of the Foundation for Institutionalism and Justice. He said that his group considers the creation of a Constitutional Court independent of the Judicial Branch to be the formula that can best satisfy the demands for improving the constitutional jurisdiction in the country.
The president of the American Chamber of Commerce, Christopher Paniagua, said that if it is true that the reform defended by President Fernandez has considerable merits, "it is no less certain that the counterbalance that the administration of justice should represent is at risk when it separates from the Judicial Branch a function so essential to administrate justice."
More... (http://www.dr1.com/index.html#9)