Guilty until proven innocent and other innovations by the Constitutional Hall

March 24, 2004

After listening to lawyers give opinions and criticisms of yesterday’s decision by the Constitutional Hall of the Supreme Court, here is a summary of the conclusions, as well as I can understand them:


You are guilty until proven innocent: The decision says that the “good faith” principle as it is called in Spanish legalese, does not apply for this particular case. The Court actually says that this and the presumption of innocence (Art. 49) do not apply to “acts of political participation” and that will of those that sign is subject to the “inquisitive competence “of the CNE


 


Violates the Constitutional attributes of the Electoral Hall: Article 297 says ““The jurisdiction over electoral matters will be exercised by the Electoral Hall”.


 


Violates the principle of no retroactivity: The Constitution say nothing can be retroactive (Art. 24) the Constitutional Hall says the change in the rules never took place, that it was in the original regulations which is absolutely false.


 


Violates the equilibrium of the Court: It violates the equilibrium principle that all Halls have the same hierarchy.


 


Violates the Constitution on its jurisdiction: The Constitutional hall only has jurisdiction to revise a final decision (Article 336)


 


You have to wonder if these guys are even lawyers or have read the Constitution!

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