Re: Article from elcomercio.com regarding Constituent Assembly
in response to
by
posted on
Jul 12, 2008 01:42AM
The company whose shareholders were better than its management
I am struggling with the Google translation on this a bit but it sounds like this article is saying that the CA will be in recess between July 26th and September 28th but would still be convened if need be during that period to discuss "matters of emergency".
Basically that's what it says, but the language is a bit confusing (to me anyway)
The article also states that the "Assembly is complicated approval, until July 26, traffic laws, Procurement and reforms to the Tax Equity Act." ... something funky with the Google translation here so I am not sure if this is referring to items that the CA will be dealing with up to July 26th. No mention of the new mining law.
This is some of the work that remains to be done in the constitution. The mining law itself is the regulatory code that governs mining. It is legislation supposedly subordinate to the constitution, not part of it. The constitution merely sets out the broad definitions - the mining law deals with the details of how mining is conducted.
At a guess, I would say the delay we're seeing has to do with the fact that a law subordinate to an as-yet-to-be approved constitution, actually preceded it. So, do we bend the constitution to fit the mining law, or the mining law to fit the constitution?
I'm dying to see what this new constitution looks like actually. They seem to want to codify everything, right down to how waiters and taxi drivers ought to behave. The authoritarian mind at work. Frankly, I hope it passes, because they'll all learn a valuable lesson on how far you can push people before they push back. There's a reason the US Constitution has survived as long as it has. It sets out the broad principles on which the nation is founded, and lets the courts and legislature sort out the details. It doesn't tell you to pick up after your dog, to turn the music down after 11 PM, or to not smoke on outdoor patios.
Other articles that I've been reading seem to indicate that the "Congresillo" would be a transitional legislative body that would function between the referendum and elections to take place next year. I had previously been of the impression that the Congresillo would function during the period between the dissolution of the CA and the referendum and would be appointed through the president's office.
I don't think they know themselves at this point. The only thing they seem to agree on is to not let the old congress return. I'd have to go back and read the original mandate (ask me if I really want to do that on a sunny weekend) but I get the feeling they slipped up when the wrote it. They suspended Congress til after the referendum. Well... what happens between then and the next election? If you let them back in, the presumption is they'll strike down all the wonderful new laws you just passed while you were sitting in their place. Bit of a dilemma, isn't it?
ebear