Roberto Astaburuaga: The rules of the game

these weeks the phrases “norms” and “rules of the game” have been on the lips of many to check with the work of the Convention, but additionally as a result of traps or irregularities within the course of are reported.

The highest authority of the Convention indicated on Monday that the dialogue of latest months on the potential of permitting a 3rd manner didn’t appear applicable if the I Approve possibility was defeated within the exit plebiscite. She acknowledged that it could be about altering “the rules of the game.” Curious assertion within the case of one of many signatories of an official letter offered earlier than the beginning of voting in plenary that sought to cut back its approval quorum to 2/3, and voted in favor. The 2/3, key rule of the method, and the one assure that has allowed, if it may be referred to as that, to stop worse atrocities than the present ones from coming into the draft Constitution.

This doesn’t imply that it’s right to change the foundations of the sport if the approval of a “third way” means breaking the Constitution. But It places on the desk the worth that the foundations have and that respect for them is a assure of order and legality, a problem that the Convention has proven with ample examples that it doesn’t adjust to. The guidelines apply to everybody, rulers and dominated, residents and standard, whether or not they profit or hurt a specific sector. But the Convention acts in line with its guidelines and because it understands the foundations of the sport.

In truth, the interior guidelines of the Convention usually are not revered by the conventions themselves. Lately it has been denounced that sure proposals for articles that haven’t reached 2/3, understood to have been rejected and excluded from the constitutional debate, have been revived by presenting indications within the commissions after they take care of different issues. Thus, the chance that the Congress of Deputies can insist earlier than the Chamber of the Regions when a invoice is rejected was rejected by the Plenary, however a sign was permitted within the Justice Systems Commission that maintained the essence of what was permitted . The similar factor occurred with Comprehensive Sex Education: the Plenary rejected the second paragraph of the article, however later a sign was permitted within the Commission of Original Peoples with minimal variations and that was not associated to the issues of the Commission. The entice was repeated with the appropriate to mental property, the appropriate to industrial property or the foundations on migration.

Faced with these accusations, the standard social gathering of the Broad Front, Christian Vera, gave an uncommon rationalization: the norm is a normative assertion and to interpret it “there is a methodological pluralism, and in my case I drink from an open society perspective of interpretation”. The foregoing signifies that a norm acquires its worth as a norm to the extent that it’s interpreted, and for the reason that Plenary interpreted that there was no infraction of the Regulation, then there isn’t any main downside. In truth, he strengthened his argument by stating that the Plenary has dominated on different events rejecting or approving concepts which might be revived.

What does this imply? They do not respect the foundations of the sport. Few keep in mind that the plenary session of the Regulation Commission, in August of final 12 months, rejected indication 134 on the constituent customized: “Article 15º.- Constituent practices. It is recognized that the constituent custom, made up of those acts repeated over time that have conditioned the collective and individual work of the constituents and the Constitutional Convention, allows filling the gaps that this Regulation presents..” The indication was renewed in plenary, but it surely didn’t get the mandatory votes both, so it was not included within the General Regulations.

The fixed infractions usually are not justified: (i) there may be an specific rule that prohibits renewing guidelines which have been excluded from the constitutional debate; (ii) there isn’t any vacuum on this matter and (iii) the constituent practices usually are not a supply of legislation that legitimizes the actions of the conventions.

Given the phrases of María Elisa Quinteros, there may be nothing left however to consider the fixed infractions of the Regulations that they’ve dedicated all these months and guess if it has been a recreation with false guidelines or to interpret the foundations of the sport in line with their comfort.

*Roberto Astaburuaga Briseño-Community and Justice Lawyer

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