Could the elections be regulated with emergency laws?

Could the elections be regulated with emergency laws?

Postby guysanto* » Thu Oct 27, 2005 9:53 am

Hyppolite wrote:[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.


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 ?

Pl
ease clarify.
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Postby Serge Bellegarde* » Thu Oct 27, 2005 10:07 am

Hyppolite,

There are things that you said with which I am in agreement, and there are others with which I disagree. Let us briefly look at that, because that is interesting.

Siméus has a well-oiled, well-administered, disciplined, focused machine. That's all he needs for now. They will help him craft a message in credible sound bites that may propel him to the top four contenders, very easily. On that basis, we should not discount him at all. He is a much bigger contender than we're giving him credit for. Savvy political consultants my friend, can do wonder.


You know, that is one my major problems with Siméus candidacy. I agree that he has a well-oiled machine, money etc. etc. However, I do not know if you have been listening to his message or reading his interviews. He claims that he wants to create jobs, jobs, jobs; that he wants to do things differently, change institutions, mode
rnize them etc. Fine. I agree with you when you say that someone will help him craft the message. But this is precisely what has been missing. Despite all he says, those who should be doing just that, have not. Siméus' message is devoid of substance, except to say that he has the background, the contacts, the managerial experience. But how is he going to do that? Zip. No one in his team has come up yet with even an outline. To me, this is a major flaw in his approach and that is why I venture to say that he will reach his plateau and gets stuck there. Of course, I may be mistaken and if I am totally off, I promise I will take you to lunch......

I wouldn't mind seeing him as a candidate in 5 years and meanwhile, he 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.


That
is something I am in total agreement with you and in fact, I was discussing the same scenario with a friend the other day. Except for the real narrow-minded, I do not think anyone would have any serious problem with a Siméus candidacy respecting the spirit and the letter of the Constitution. Right now, this not the case. Like, I very much would have like to see a Siméus in alliance with the frontrunner, spending the next five years lobbyin for adoption of the Dual nationality amendment deposited by the last Lavalas Parliament, of other laws required to accomodate such an admendement (because people seem to forget that this entails a whole lot of accessories laws, including bilateral agreements with the Gvts with which Haiti would set acceptance of dual nationality, payment of taxes in one or the other country etc etc.). Then having made himself well-known by his deeds, his politics and most importantly, having acquired some experience in the workings of Haitian politics, he would be better prepared to subm
it his candidacy, in accordance with the Constitution. But you see, too many Haitians think that the only to help Haiti is by becoming President. This is a terrible virus which does not seem to have a cure; only your natural immunity can stop it.

So in that respect, I am with you and I deplore that Siméus has not had the foresight to act this way. While it was good that he forced the issue on the mat, he did not know when to stop and let the process pick up steam in a less hostile environment. I hope there is no backlash and that the issue will be resolved in a rational manner, not, as you say in a kind of "voye monte" atmosphere.

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Postby Serge Bellegarde* » Thu Oct 27, 2005 10:16 am

Guy,

I just read the question you addressed to Hyppolite about the Emergency laws. while waiting for Hyppolite's answer,
I take the liberty to say the following:

The April 12, 2002 Law adopted under the Constitutionnal Gvt. of Aristide says he following and I reproduce it in the original language:
Sur proposition du Ministre des Haïtiens vivant à l'étranger, après délibération en Conseil des Ministres, le Pouvoir Exécutif A PROPOSÉ et le Pouvoir Législatif a voté la loi suivante...


And the different articles follow. This means to me that a Parliament would have to be installed first before anything could be done and it is this Parliament which would have to adopt emergency laws in agreement with the Executive. I do not know if Hyppolite has a different take on that.

I do not think however that these laws should be qualified as "Emergency laws". Why :Emergency? The
y could just be priority laws, or important national laws. Because when you talk about emergency, you raise a number of issues of national security and so on.

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Postby Hyppolite » 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.


Serge,

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.
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