By Rafael Correa
The destruction of the rule of law
November 20, 2018 "Information Clearing House" - Can you imagine a “democracy” in which the president handpicks a council that proceeds to dismiss the Constitutional Court, the Judicial Council which oversees the judiciary, the National Electoral Council, the Attorney General, the ombudsman, and all six major regulators (superintendents)?
Unfortunately, that is the current situation in Ecuador. Abusing participatory democracy, and deceiving the public with the complicity of a corrupt press, on February 4 of this year they called an unconstitutional referendum.
Several articles in our constitution stipulate that the Constitutional Court must rule on the legality of any referendum questions, but, given the clear unconstitutionality of several questions, the government knew that a ruling would not go its way and called the referendum by decree. For the first time in its history, Ecuador had a nationwide referendum without a ruling from the Constitutional Court.
With the approval of the tricky and confusing question 3, they seized the so-called Council of Citizen Participation [CPCCS in the Spanish acronym], whose members were selected through national competitions, and which, according to the Constitution of Ecuador, is responsible for overseeing competitions that elect about 150 control authorities. [1]The unconstitutional referendum gave a “Transitory” CPCCS (which I’ll refer to as the CPCCS-T) the “power” to evaluate and, if applicable, dismiss these control authorities. The dismissal of authorities is an exclusive constitutional power of the National Assembly. The Constitutional Court, which is not even selected by the CPCCS , cannot be dismissed by anyone else.
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