Saturday, July 2, 2011

Constitutional Imbroglio In Haiti

June 1, 2011, President Martelly "of 1987 pending the release of a second proposed restoration of the original charter, to 9 May 2011 revised version of incoherence," he'd said.With this happening, there tinkering with Haiti's constitutional amendments as at least 3 of which are speculations. Speculation that some members of a legislative body to send it to President Preval signed falsified the text of the First Amendment. Lead to fraud and speculation that President Preval himself. Moniteur third speculation points to some error, Haiti, in which all the official documents are published in the Gazette.

Some questions have been raised in relation to the alleged constitutional issue. First question: did the Constitution under which the President was sworn in Martelly, the 1987 constitutional amendment or a signed and published in the Moniteur by President Preval? Second question: Should President Martelly amended text as adjusted by the legislative body voted by the public and republished in the Moniteur? The third question: the President Martelly reprinted and such amendments apply to the current president as mandated by the Constitution?

# 1 Answer: stating that he "proposed the restoration of the 1987 original charter" will, former President Rene Preval, Mr. Martelly the wrong version published by the Constitution is considered to be under the sworning. Martelly supposes a constitution that the President was not legally binding, took the power. Therefore, the 1987 Constitution is restored in its original version, President Martelly may be sworn in for a second time.

# 2 Answer: Under the Constitution, the President Matelly or any other for that matter with the President under the Constitution the rule is the right decision.In a state of confusion like this, the Constitution Commission Chairman decided the solution, not may. Therefore, in order to find a resolution to clarify the issue, President Martelly solutions according to the Article 206 of the Commission is required to convoke. Article 206 stipulates: "reconciliation commission, the executive branch and legislative branch convenes when there is or there is a dispute between two branches of parliament." Clearly confirmed by the legislative and amendment to the extent that Parliament published the President Preval is a dispute between those who were not working. According to Article 206, the reconciliation commission is made up as follows:

A) Chairman of the Supreme Court as president of Haiti;

B) as Vice-Chairman of the Senate;

C) As a member of Congress, President;

D) As a member of the Permanent Electoral Council president;

E) as members of the Permanent Electoral Council Vice President;

F) as a member of the Ministers designated by the President of the Republic.

can. However, this argument does not stand.Second, it is true that the Government has resigned, it still holds some validity to the consistency of the state as recommended by the Constitution. One might argue that Mr. Gaillot Dorsainville, current president of the Provisional Electoral Council, and it's impossible to leave the country would place him on the commission of reconciliation. Instead of fleeing the country, what if she was temporarily disabled due to illness? Either resolved or will be vacant seat on the commission will be replaced. Therefore, President Martelly have no choice but to address the Commission


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