30308: Senou: (Question): Does Haiti have a Constitution? (fwd)

[Bob Corbett <corbetre@webster.edu>]

From: Senou <senou@yahoo.com>

Does Haiti have a Constitution?

There are talks about amending the 1987 constitution.
What is the reason behind amending the constitution if
it is not going to be implemented and respected like
this current one?

Does Haiti have a constitution? Yes or No

 The 1987 constitution called for the creation of a
Permanent Electoral Council: why it is not
implemented?

THE PERMANENT ELECTORAL COUNCIL
ARTICLE 191:

The Permanent Electoral Council is responsible for
organizing and controlling with complete independence
all electoral procedures throughout the territory of
the Republic until the results of the election are
announced.
==
According to the article 149 of the 1987 constitution,
in case of a vacancy, the election for a new President
should be held between 45 to 90 days: why the care
taker government lasted two (2) years?

Still today, if the president cannot perform his duty,
it is impossible to have an election within 90 days
since it may take more than 90 days to put in place a
temporary CEP.


ARTICLE 149:

Should the Office of the President of the Republic
become vacant for any reason, the President of the
Supreme Court of the Republic, or in his absence, the
Vice President of that Court, or in his absence, the
judge with the highest seniority and so on by order of
seniority, shall be invested temporarily with the
duties of the President of the Republic by the
National Assembly duly convened by the Prime Minister.
The election of a new President for a new five (5)
year term shall be held at least forty-five (45) and
no more than ninety (90) days after the vacancy
occurs, pursuant to the Constitution and the Electoral
Law.

===
Since last May Haiti, Haiti has an uncontested
government, the lower and the upper chambers are
walking and as well as the judicial system: why Haiti
does not have a Permanent CEP according to the article
192

ARTICLE 192:

The Permanent Electoral Council consists of nine (9)
members chosen from a list of three (3) names proposed
by each of the Departmental Assemblies:


3 are chosen by the Executive Branch;
3 are chosen by the Supreme Court;
3 are chosen by the National Assembly.

The above-mentioned organs see to it as far as
possible that each of the Departments are represented.
===
Senator Noël Emmanuel Limage, was killed in a traffic
accident on January 20, 2007 and according to the 1987
constitution, an election to replace him was supposed
to be held 30 days later: why there is no election?

ARTICLE 129-6:

In the case of the death, resignation,
disqualification, judicial interdiction, or acceptance
of a duty incompatible with that of a member of the
Legislature, the Deputy or Senator shall be replaced
in his Electoral District for only the remainder of
his term by a by-election called by the Primary
Assembly to be conducted by the Permanent Electoral
Council in the month the vacancy occurs.

ARTICLE 130-1:

The election shall take place within thirty (30) days
after convocation of the Primary Assembly, pursuant to
the Constitution.
=
I close with this quote from the 16th U.S. President
?Let me not be understood as saying that there are no
bad laws, nor that grievances may not arise for the
redress of which no legal provisions have been made. I
mean to say no such thing. But I do mean to say that
although bad laws, if they exist, should be repealed
as soon as possible, still, while they continue in
force, for the sake of example they should be
religiously observed.
Abraham Lincoln,  16th president of US (1809 - 1865) ?





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