Pouki tout bri sou Lejislati a 49th ak Annatandan Amannman Konstitisyonèl
- Jedi, 14 avril, 2011 4:53 PM
Devan yo nan endiksyon an nan Lejislati a 49th nan repiblik la, konfizyon se aliye sou la constitutional amendments passed by the 48th. These amendments include provisions that would make dual-citizenship possible.
The first meeting of the National Assembly, the governing body consisting of Senators and Deputies, is set to take place on April 25th following the taking of the oath and appointment of the heads of subcommittees. In these meetings and perhaps more that may follow the constitutional amendments of October 2009 will be voted on; but there is some confusion among current members of the assembly as to the procedures, necessary and allowable, to take such actions.
Since the establishment of the Konstitisyon an 1987 , there was only one failed attempt to amend the constitution, which was in 2003. Therefore, this year, will be the first time, an amendment to the constitution may occur and that seems to have states men and women in disagreement.
- There are those who believe that the text voted on by the 48th Legislature cannot be modified in any way or form and must be voted on as is.
- There are those who argue that a change can be performed in the structure of the amendments, but not changing the text therein.
- The last sect believe that the text, form and all can be changed.
General Parliamentary Procedure
It is a generally accepted practice that a text submitted to a parliamentary assembly can be debated and modified before the vote. Which means the voting legislature of the 49th can change the amendments approved by the 48th.
But given that the text was voted on, approved and published in Le Moniteur, the official journal of the executive body, it is inconceivable that any articles could be added or removed thereafter, simply on the basis of separation of powers.
However, if the legislature cannot introduce new articles, it can modify the wording of one or several articles contained in the amendment, a move that common though would say requires the consultation of the judiciary branch.
It is normal to have these differing views as no precedent, since the Constitution of 1987, has ever been set and there are no by-laws written on the subject.
According to the Constitution...
Title XIII: Amendments to the Constitution states that 2/3 of both houses are required present for an amendment to be voted on and it requires 2/3 approval in both house in order for a decision to final; these were the actions taken by the 48th Legislature.
But, two provisions are stated, one being that on the first session of the next legislature, in this case, the 49th, beginning April 25th, the proposed amendment must also be accepted. Effectively, the constitution requires two legislatures to approve a change.
Yet, another article requires that the decision after being complete, as stated above, cannot become effective until the next administration. Meaning, if the decision is not complete by the inauguration of the next chief of state, Michel Martelly, it may not be effective until 2016.