[NYTr] Venez: Supreme Court Will NotRule on Challenge to Reforms Until after Referendum
 
Date: Sat, 24 Nov 2007 16:38:49 -0600 (CST)

Via NY Transfer News Collective  *  All the News that Doesn't Fit
 
Venezuelanalaysis - Nov 24, 2007
http://www.venezuelanalysis.com/news/2893

Venezuelabs Supreme Court Will Not Rule on Reform before Referendum

by Chris Carlson

Caracas, November 24, 2007 (venezuelanalysis.com) - Venezuela's Supreme
Court announced on Thursday that it would not rule on the
constitutionality of the proposal to reform 69 articles of Venezuela's
constitution until after the upcoming referendum on December 2nd.
Various sectors of the opposition have demanded a response from the
judicial body after submitting numerous cases claiming the
unconstitutionality of the reform proposal.

Earlier this week, opposition groups increased demands for a response
from Venezuela's highest court regarding several cases they had
submitted weeks before. On Monday, opposition students publicly
demanded that the Supreme Court give a ruling regarding a case they
submitted on November 6th. The students had asked for the national
referendum scheduled for December 2nd to be postponed.

"We can't wait 12 days for an answer. The nation demands [a response]
and the students do too," said university student Ronel Gaglio on
Monday.

Opposition political party Primero Justicia also demanded a response to
the various cases before the court, including a case they submitted
earlier this month calling for a constitutional congress to be
convened. According to Primero Justicia, the proposed changes to the
constitution are too far-reaching to be done with a constitutional
reform, and require a constitutional congress to be elected to write a
whole new constitution.

"On November 6th Primero Justicia came to open the door to Venezuelans
to debate whether what is at play here requires a reform, or a
constitutional congress, and we still don't have any response to such
an important case when we are only days away from the elections," said
Primero Justicia leader Juan Carlos Caldera.

But the Supreme Court finally announced on Thursday that it could not
give any ruling regarding the constitutional reform proposal until
after the national referendum scheduled for December 2nd. The judicial
body explained that the legality, or constitutionality, of the proposal
could not be ruled on unless it is approved in the national referendum,
and takes legal effect.

"The project of constitutional reform ratified by the National
Assembly, being an incomplete normative act, cannot occasion external
judicial proceedings, and, therefore, it is not possible to give an a
priori judicial ruling on its content," said Supreme Court Justice
Arcadio Delgado.

Delgado went on to explain that the only way the Supreme Court could
annul a reform proposal of this type, before being approved by the
voters, is if the reform did not follow one of the stages established
in the Constitution that all constitutional reforms must follow. These
stages include three rounds of discussion in the National Assembly,
approval by a two-thirds majority of the National Assembly, followed by
a national referendum vote.

"As long as the reform project is still in the process of execution, it
is not subject to judicial control," he added.

Supreme Court Justice Luisa Estella Morales stated the same last
August, saying, "Any cases should be presented after the referendum,
when the reform becomes law, because we cannot interpret a tentative
law."

Two of the five judges of the court's constitutional change disagree
with the decision, however. One of them, Pedro RondC3n, argued that in
this case the Supreme Court should be able to make a ruling about the
case if indeed the reform process goes outside the rules of the
existing constitution.

"If the Assembly designates the project a reform, violating the
constitutional nature that would make a constitutional congress
necessary, it is illogical that no one can control this error," said
RondC3n.

And although Justice Carmen Zuleta de Merchan agreed with the final
decision, she also questioned whether or not the Supreme Court should
play a larger role in controlling legislation that affects the text of
the constitution.

The Supreme Court's decision was criticized by the opposition, which
had hoped to force the government to postpone the December 2nd national
referendum. At a political rally against the constitutional reform in
the eastern state of Anzoategui, opposition leader Manuel Rosales said
the decision of the court is just another of the many reasons why
Venezuelans should vote "No" in the upcoming referendum.

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