What worries the constitutional lawyer is that any illegal reform that can be made to the constitution, through the constitution, will not be considered unconstitutional because the constitutional chamber imposed by the ruling party representatives is in their favor.
The constitutional lawyer, Fabio Castillo, believes that the new democracy, dominated by MPs from President Naguib Bukele’s party, could summon the Constituent Assembly to make reforms in Magna Carta with the aim of allowing the president to be re-elected. Election and other stone materials (which cannot be amended in the constitution).
Article 248 of the constitution states in the fourth paragraph that “Articles of this constitution referring to the form and system of government, the territory of the republic and the rotation in the exercise of the presidency of the republic may not be amended in any case. The republic.”
The constitutional jurist resigned to continue with the ad hoc committee that studies constitutional reforms because he did not agree with the manner in which the new assembly removed the five judges in the Constitutional Chamber of the Supreme Court of Justice and the Attorney General. Of the Republic. In his opinion, it was a “flagrant violation of the constitution.”
What are the risks you see with this new legislative assembly?
The most disturbing thing about this impudence, I will call it, is that, for breaching the constitution, we no longer have guarantees of what this assembly will do. I was so quiet about the stone items that we had no intention of proposing a repair or the room would have let it pass by one side. On the one hand, this assembly can present a reform proposal, but the one that will ratify it will be in 2024-2027. Since Naguib will perform in 2024, there are no longer any chances for the president to be reelected. I am horrified at the idea that this assembly, with those outdated arguments of the presidency council’s jurists, this assembly will consider inviting a constituent assembly and have a room like the room they have, and they will not declare that it is unconstitutional or any other proposal that is inconsistent with democratic principles, and above all Something, which is stipulated by our constitution that we will not be able to resort to the Constitutional Chamber. They might think of calling a referendum. They did this in many countries of Latin America. They can offer explanations like what they did in Honduras, where they said that not allowing re-election violates the basic rights of a citizen president, and that terrifies me. I appeal to every person in the country, lest we allow something like this to happen. Of course, we will not allow this, as we are occupying our legitimate and legitimate weapons according to the constitution. I am not advocating violence, I am calling for peaceful and rational forms of opposition.
Can this association summon a constituent assembly?
He could not, but he could not remove and dismiss the judges. You can’t, but they might. And when you call for a constituent assembly and you, as a citizen, will demand unconstitutionality, will this hall agree with you or with the gentlemen in the assembly? There it is clear that we will not have any weapons to defend ourselves against such an attack on democracy.
So you see this danger to democracy. That pro-government MPs can agree to whatever they want?
Of course, there is no risk until the approval of a treaty to reduce national territory. This is not what the region will do, but whatever it does, who will declare it unconstitutional?
Do they have room for them?
Regarding the stone articles, the committee said it would not discuss it
Yes, not at all, from the start.
But is there also a risk that this assembly might break the constitutional order and fix those stone materials?
Yes it is. Armed forces are subject to the obedience of President Buckily, as well as to the police.
Are we talking about a very dark and murky future?
We’re so bad, exactly.