NewsWhore
08-28-2009, 02:10 PM
The National Constitutional Assembly will reconsider the idea of a Constitutional Chamber during the second reading of the new Constitution bill. The proposal has strong opposition of the chief justice of the Supreme Court (SCJ), Jorge Subero Isa.
Yesterday, the president of the Assembly, Reinaldo Pared Perez told Diario Libre that "apparently this is the feeling of the majority of the members of the Verification and Auditing Commission."
"We understand that they are going to authorize the reconsideration of the proposal for a Constitutional Chamber in a second reading," said Pared Perez.
According to the Diario Libre, Article 65 of the regulations that control the Assembly explain that when an article is rejected in the first reading, it can only be reintroduced by means of a favorable report from the Verification and Auditing Commission.
Influential jurists such as Eduardo Jorge Prats and Cristobal Rodriguez are backing the constitutional court that would be independent of the SCJ. They say this court should hear the direct actions of unconstitutionality initiated by any person, either physical or moral, the appeals against the decisions handed down by judges regarding appeals or habeas corpus, the preventive controls on international treaties before their ratification by the Congress, regarding legislative proposals requested by the President or the presidents of either of the two chambers of the Congress.
Plus, the court would hear consultations regarding constitutionality made by judges in the cases they have, the control of the cases of exception and the other cases that the law will assign. Rodriguez said he felt that it was healthy for the Assembly to retake the issue. He cited the idea that the social and democratic rule of law, and dignity as a basis of the Constitution and the State. "They are a set of dispositions that are only guaranteed by the existence of a specialized Constitutional court", he said.
More... (http://www.dr1.com/index.html#7)
Yesterday, the president of the Assembly, Reinaldo Pared Perez told Diario Libre that "apparently this is the feeling of the majority of the members of the Verification and Auditing Commission."
"We understand that they are going to authorize the reconsideration of the proposal for a Constitutional Chamber in a second reading," said Pared Perez.
According to the Diario Libre, Article 65 of the regulations that control the Assembly explain that when an article is rejected in the first reading, it can only be reintroduced by means of a favorable report from the Verification and Auditing Commission.
Influential jurists such as Eduardo Jorge Prats and Cristobal Rodriguez are backing the constitutional court that would be independent of the SCJ. They say this court should hear the direct actions of unconstitutionality initiated by any person, either physical or moral, the appeals against the decisions handed down by judges regarding appeals or habeas corpus, the preventive controls on international treaties before their ratification by the Congress, regarding legislative proposals requested by the President or the presidents of either of the two chambers of the Congress.
Plus, the court would hear consultations regarding constitutionality made by judges in the cases they have, the control of the cases of exception and the other cases that the law will assign. Rodriguez said he felt that it was healthy for the Assembly to retake the issue. He cited the idea that the social and democratic rule of law, and dignity as a basis of the Constitution and the State. "They are a set of dispositions that are only guaranteed by the existence of a specialized Constitutional court", he said.
More... (http://www.dr1.com/index.html#7)