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Could the elections be regulated with emergency laws?
Posted: Thu Oct 27, 2005 9:53 am
[quote][Simeus] could work hard to help convince the next legislature to amend the constitution. He is in the best position to also help them come up with new, Emergency Laws on that issue so we can have the Diaspora more involved in the political system. [/quote]
Hyppolite, which body in our system of government (regular or de facto) is invested with the power to pass Emergency Laws?
I have heard of Executive Decrees at times of National Emergency [ La Raison d'Etat ]. But who is authorized to pass Emergency Laws :
- The Executive, and if so would it be the Primature or Presidency ?
- The Cour de Cassation ?
- The Legislature (as if one existed) ?
- The newly fabricated Conseil de Sages Revanchards ?
- The CEP ?
- Some other body that I am not aware of ?
Posted: Thu Oct 27, 2005 10:22 am
Guy, the fact is that any governmental agency (departmental or else) has the right to pass emergency laws. For isntance, competent cadre of the Ministry of the Interior, or the Minsitry of Health may go through such recourse. It is routinely done for instance in the United States. The most important thing is, that the agency that passes those laws is the proper agency. In other words, the CEP in haiti could not pass an emergency law on matters related to the health care system, and vice versa.
Now, having said that, it is not because an institution can pass an emergency law that such a law is not subject to scrutiny. In other words, prior to passing such laws, those who will be the most affected by it must have the chance to review it in some public forum so there can be no abuse. It is after a consensus is reached that those new laws would be adopted, temporarily that is (for a d
etermined period of time) until it is decided whether such laws will be adopted permanently or allowed to expire before or after their initial term.
The Emergency Laws could also be challenged before the Cour de Cassation, the highest court in Haiti as we all know. It is not because these laws would be "emergency laws" (loi d'urgence; i.e. temporary by their very nature, until final laws are passed) that they would not be subject to scrutiny. That's essential, in fact. It is also why it is best that they be checked against the Supreme Law of the Land for their constitutionality.
The fact of the matter is, that State Institutions and Agencies, Parliament, and all effective governmental organs can pass emergency laws, so long as they adhere to the rigid procedures that are involved. I am sure of that. Usually, these are called regulations when passed at the departmental or agency level of government. But in effect it is the very same thing because they have the force of law.
If you disobey them, you get penalized the exact same way in accordance with what had been previewed in those regulations.
What you just wrote about here, is on the issue of "proposals for new laws". It's the same process except that when it comes to emergency laws, usually you have a limited time frame for it to have the full effect of law. A "proposed law" is one that is debated, that has absolutely no effect on society at the time it is proposed until it actually becomes law after having won final approval.
On the issue of Siméus, I am not sure who are his consultatnts. I tend to think that there is a certain level of political amateurism in his camp as well. I suspect nonetheless that over time, he probably will have a much more coordinated campaign where his message becomes more focused and all else. I don't know much about his campaign, except for the press releases that we all get from his supporters via email. Based on that, it is pretty clear to me that at this stage, he is still wa
ging a battle: the battle for acceptance in the presidential contest. Once he feels comfortable with that, I would imagine that a new team is hired for the other contest (the actual presidency), or that at least those who are part of his current "war room" would shift gear and focus on the actual campaign rather than just attacking and rebutting those opposed to his candidacy in the first place.