The text of last night's accord regarding negotiations to resolve the constitutional crisis can be found here.
The audio of Funes' remarks is here.
-- traducir a español --
The Salvadoran press has picked up on the possibility that the announcement that the parties will heed the decisions of the court may contain an exception that destroys the rule. In a lead story/analysis piece today ("Asamblea solo acatará fallos de CSJ apegados estrictamente al texto de la Constitución"), LA PÁGINA notes that the language adopted by the politicians implies that: 1) "decisions resulting from interpretations by the judges about things or issues that the Constitution does not expressly refer to will not be followed;" and that 2) "the justices would be impeded from directly or indirectly creating some kind of law through their rulings or cause new legislation to come into existence through their interpretations" (quotes from the LA PÁGINA analysis of the specific language of the accord). LA PÁGINA points out that this approach would prevent the Constitutional Chamber from mandating independent candidacies in elections or from prohibiting the Legislature to elect magistrates twice in the same session--both key rulings by the Court that are at the heart of this dispute. The "textualism" that this invokes would make our own Justice Scalia swoon, and I suspect is something that may come back and bite the Left in the future, if this view prevails.
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This is Tim's El Salvador Blog, a place for looking at what's going on in El Salvador. Participate in the discussion by adding your comments. This site began November 17, 2004. For older articles be sure and check the archives.
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