Roger Thayer Stone Center For Latin American Studies

Tulane University

Rules That Bind Us

By Ludovico Feoli

The standoff presently underway in Venezuela regarding the treatment of constitutional precepts in light of President Chavez’ illness poses a larger question for regional democracy and the rule of law: how much do rules bind us? The credibility of our laws hinges on the certainty that they will take precedent over individual whims and that, failing this they will be enforced by third parties. However, events underway suggest that the authorities entrusted with this responsibility may lack the necessary autonomy to carry it through, making the separation and balance of powers questionable. And Venezuela is not the only example. Honduras, El Salvador, and even Costa Rica have had recent constitutional crises that raised similar questions, although their resolutions varied.

Hugo Chávez, democratically elected by a significant majority of Venezuelans, was set to take power on January 10, 2013 but he lies ill in Havana and is unable to appear at his inauguration. While the Constitution establishes that in such circumstances the head of Congress should take over temporarily and, if the absence is permanent, call new elections, the Venezuelan Supreme Court of Justice interpreted that Chavez’ reelection established the “administrative continuity” of the Executive, rendering a new inauguration “unnecessary”. Hence, the Court effectively reinterpreted the election as a renewal of the previous administration, rather than the start of a new constitutional period. This brushes aside the question of whether the president’s absence is temporary or permanent. It also obviates due process, which first calls for the investiture of the president and then for the appointment of the cabinet. Rules do not seem to bind.

Last December, the Honduran Congress fired four of the five magistrates on its Constitutional Court. The proximate cause was a vote by the magistrates, which a congressional investigative commission decided was extemporaneous. However, critics argue that the magistrates were purged for their decisions, which being contrary to the interests of the executive angered the President and generated a reprisal. The removal, en masse, of Supreme Court justices because of the content of their decisions is a gross violation of the principle of separation of powers. Without respect, on the part of the Executive, for the principle of judicial autonomy, there is little hope for the rule of law. Rules do not seem to bind.

El Salvador suffered its own constitutional crisis last summer. Similarly to the Honduran case, Constitutional Court decisions angered political actors due to their effects on their interests. In the case of the Executive, a Court decision limited the use of unsupervised discretionary funds. In the case of political parties, another decision allowed candidates to run independently, weakening the authority of party structures. Political jockeying to control the balance of power in the Court led to a spate of nominations late in the congressional period that ended in April 2012. The Constitutional Court ruled these appointments unconstitutional on the basis that the law only allows each Congress the approval of a single set of justices per term. Rather than accepting the ruling, the majority coalition in Congress challenged it before the Central American Court of Justice, a body whose authority has long been subject to debate. The justices in question also sought to retain their seats, so that two groups of magistrates claimed to be the legitimate representatives of the Court, creating a situation of institutional uncertainty. The crisis was eventually resolved, fortunately, through political means, but not without damaging the credibility of democratic institutions. Neither Congress nor the questioned appointees were bound by the rules that make the Constitutional Court the ultimate arbiter of the Constitution.

A short-lived conflict also took place in Costa Rica during 2012 when legislators voted not to renew a Constitutional Court magistrate in his post. The act was not outside the purview of the legislature’s competence, although some procedural aspects remain open to question. What generated the crisis were remarks by some deputies that starkly showed the political intent of their decision. The legislature was seeking to “discipline” the Court, renowned for its activism, by signaling that it would punish those magistrates that refused to be compliant. Congressional representatives were not bound by the rules of judicial autonomy and the separation of powers. However, the outcry that emerged and the prompt resolution of the crisis drove the heads of the executive, legislative, and judiciary powers to issue a joint proclamation reaffirming the relevance of those very rules, reminding everyone of the principle that rules should bind us.

These examples show that formal rules are not enough in our region’s progress towards democracy. They must be subject to credible enforcement and they must be accepted and internalized by political actors.

ABOUT THE AUTHOR

  • Ludovico Feoli

    Executive Director - Center for Inter-American Policy & Research

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La Hora del Cuento: Bilingual Story Time at the Pebbles Center Uptown

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Join the Pebbles Center at the Children’s Resource Center branch of the New Orleans Public Library for bilingual story time.

Held the second Tuesday of every month at 4:30 PM, we will read a book and have a craft based on the book. Past books include Counting Ovejas, Drum Dream Girl, and Mango, Abuela, and Me.

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Join the Pebbles Center at the Algiers Regional branch of the New Orleans Public Library for bilingual story time.

Held the second Tuesday of every month at 10:30 AM, we will read a book and have a craft based on the book. Past books include Counting Ovejas, Drum Dream Girl, and Mango, Abuela, and Me.

Story Hour Themes

October 10
Dia de los Muertos/Day of the Dead (Mixed Age/Family)

November 14
Food/La Comida (Preschoolers/Family)

December 12
Animalitos/Little Critters (Mixed Age/Family)

Identity: Art Exhibition

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Identity: Art Exhibition by Gustavo Duque, Lisa Restrepo and Belinda Shinshillas. Showing from October 4th to December 30th.
Opening Reception: October 4th, 2016 from 7:00 to 9:00 PM

“Identity” is an exhibition thought to examine how three Hispanic-Latino visual artist can create bodies of work so different and diverse when they have the same heritage. How gender, age and personal experiences can shape the way they perceive and express their vision based on internal observation.

The works presented here represent two countries that share rich heritage. Colombia and Mexico have a long history of cultural exchange. Traditionally, artist have created master pieces back and forth in both countries however, in this occasion their encounter is not in Latin America, but in New Orleans.

Luisa Restrepo and Gustavo Duque were born in the city of Medellin in different decades. Restrepo is a graphic artist working with a contemporary visual vocabulary deconstructing and reconstructing symbols and icons, creating stories through cut silhouettes influenced by the deep history of her native Colombia. Duque depicts the richness and strength of the soul exploring the fear and freedom of the human condition. He captures with a sublime force the voice that in the silence of solitude nobody wants to scream. Belinda Shinshillas is a native of the Capital City of Mexico. She works with abstraction as a way to move through space where all elements become a metaphoric voice. Her paintings are an extension of her identity and culture, using color as an idea, an attitude and interpretation between intimacy and distance seeking spiritual transformation.

Ancient Maya Landscapes: K-16 Educator Workshop

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In conjunction with the Middle American Research Institute’s 14th Annual Tulane Maya Symposium “Monumental Landscapes: How the Maya Shaped Their World” and the New Orleans Museum of Art LARC is presenting a K-16 educator workshop on Ancient Maya Landscapes. The workshop will address how the Maya viewed the world around them as well as resources for teaching about the Maya and interactive activities for the classroom.

Participants will receive lunch, teaching materials and CEUs.

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14th Annual Tulane Maya Symposium Monumental Landscapes: How the Maya Shaped Their World

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The Middle American Research Institute, the Alphawood Foundation, and the Stone Center for Latin American Studies are proud to present the Fourteenth Annual Tulane Maya Symposium and Workshop. This year’s symposium, titled “Monumental Landscapes: How the Maya Shaped Their World”, will examine how the ancient Maya built up and transformed their landscapes to create monumental cities and lasting communities. The invited scholars have explored this topic across the Maya area, from the lowlands of Belize and Guatemala to the Guatemalan highlands.

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Somos Nós: Infusing Brazil into the Classroom

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LARC, along with Vanderbilt and the University of Georgia, is sponsoring a workshop on Brazilian culture and teaching Portuguese. K-16 educators of any discipline and grade-level are welcome to apply to attend this 5 day institute. Throughout the week, educators will work to develop interdisciplinary curricula, which they can bring back to their schools to teach and share with colleagues. The focus of the workshop will be the environment.

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Check out these photos from the 2015 workshop held in New Orleans.

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