NewsWhore
10-12-2009, 03:50 PM
Two Supreme Court judges have delivered a report to the president of the tribunal, Jorge Subero Isa, on the behavior of constitutional tribunals in Latin America, which in their opinion constitute a super power. "We fear that in this country many constitutional modifications will be produced because of this defect that the country's constitution will have when it is approved", judges Edgar Hernandez Mejia and Julio Anibal Suarez say in the letter. The judges provided their conclusions after attending the XVI Meeting of Presidents and Magistrates of Constitutional Tribunals and Constitutional Courts of Latin America, held in the Colombian city of Cartagena last month. They said that in Mexico they have made 400 to 600 changes to their Constitution, which is extremely detailed. In Colombia they have approved 28 constitutional reforms and have presented 800 requests for reforms in 18 years.
The report states that the Colombian Constitutional Court constitutes a great superpower, with faculty to revoke decisions of the Supreme Court of Justice, which has led to confrontations between the two courts, when the latter does not obey the judicial criteria that sustain the decisions of the first. For example, there are cases of unconstitutionality with bullfighting and cockfights and public access to beaches, which have been accepted, even though they are dealing with companies that have tourist concessions.
In Peru, the Court ordered the rehiring of workers who had been fired arbitrarily, despite the fact that the legislation does not authorize this action, based on the interpretation of Article 27 of the Constitution that says that, "the law protects the worker against arbitrary firings". In Venezuela, the Court declared that a sentence by the Inter-American Court of Human Rights was not applicable and that this was criticized on the grounds that "once that the States give jurisdiction to an International Court to interpret rights, they cannot interpret them to the contrary."
More... (http://www.dr1.com/index.html#3)
The report states that the Colombian Constitutional Court constitutes a great superpower, with faculty to revoke decisions of the Supreme Court of Justice, which has led to confrontations between the two courts, when the latter does not obey the judicial criteria that sustain the decisions of the first. For example, there are cases of unconstitutionality with bullfighting and cockfights and public access to beaches, which have been accepted, even though they are dealing with companies that have tourist concessions.
In Peru, the Court ordered the rehiring of workers who had been fired arbitrarily, despite the fact that the legislation does not authorize this action, based on the interpretation of Article 27 of the Constitution that says that, "the law protects the worker against arbitrary firings". In Venezuela, the Court declared that a sentence by the Inter-American Court of Human Rights was not applicable and that this was criticized on the grounds that "once that the States give jurisdiction to an International Court to interpret rights, they cannot interpret them to the contrary."
More... (http://www.dr1.com/index.html#3)