The constituent assembly is above everything: MAS will not abide by any ruling of unconstitutionality from the judicial power

Hoy Bolivia, August 30

The MAS bench of the constituent assembly announced that they would not abide by any ruling from the Superior District Court of Chuquisaca, in regards to the motion of unconstitutionality submitted by 6 assembly delegates from Sucre, asking for the annulment of a resolution passed by the plenary on August 15, which eliminated the issue of giving Sucre the status of full capital from the constituent assembly.

On Wednesday, 6 assembly delegates from Chuquisaca presented a motion of unconstitutionality to the Superior District Court against the 11 members of the directorate of the constituent assembly, soliciting the annulment of the resolution.

Faced with this judicial motion, the MAS fraction officially pronounced that it would not abide by, nor submit itself to, any ruling or sentence, which regards to this or any other case, comes from the judicial power.

The MAS spokesperson and assembly delegate, Marco Carrillo, argued that the decision of his bench is based on the fact that no constituted power (judicial power) can define the course of a constituent power (constituent assembly).

At the same time, he added that the mentioned resolution proposed by the La Paz delegate, Macario Tola, complied with his responsibility in regards to the legal process, which was the reason why no one could argue that there was a violation of judicial security or the internal norms of the constituent assembly.

“We warn them that the constituent assembly is the coming together of constituent representatives elected via universal, direct and secret vote…. It is not depended nor subordinated to the constituted powers and has as its only goal the total reform of the Political Constitution of the State” said Carrillo.

The MAS spokesperson said emphatically that the challenge of unconstitutionality which – according to his perception – aims to annul the resolution passed in the constituent assembly last August 15, is a more a political than legal motion.

He assured that the motion had as its objective the non-recognition of the legal disposition in vigilance, and the delegitimisation of a sovereign decision by 134 constituent delegates who decided to remove the issue of the full capital for Chuquisaca, as much in the majority as in the minority reports, from the plenary.

He recalled that constituents from diverse political forces supported this decision, as much from MAS as from Democratic and Social Power (Podemos), National Unity (UN), National Conciliation (CN), Social Alliance (AS), Patriotic Social Alliance (ASP) and the Movement Bolivia Free (MBL).

“The 134 constituent delegates that voted in favour reflect 57% of the delegates, against the option of no which barely reached 31.2%” he justified.

Translated from Hoy Bolivia

1 comment:

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