Some questions have been raised in relation to the alleged constitutional issue. First question: did the Constitution under which the President was sworn in Martelly, the 1987 constitutional amendment or a signed and published in the Moniteur by President Preval? Second question: Should President Martelly amended text as adjusted by the legislative body voted by the public and republished in the Moniteur? The third question: the President Martelly reprinted and such amendments apply to the current president as mandated by the Constitution?
# 1 Answer: stating that he "proposed the restoration of the 1987 original charter" will, former President Rene Preval, Mr. Martelly the wrong version published by the Constitution is considered to be under the sworning. Martelly supposes a constitution that the President was not legally binding, took the power. Therefore, the 1987 Constitution is restored in its original version, President Martelly may be sworn in for a second time.
In a state of confusion like this, the Constitution Commission Chairman decided the solution, not may. Therefore, in order to find a resolution to clarify the issue, President Martelly solutions according to the Article 206 of the Commission is required to convoke. Article 206 stipulates: "reconciliation commission, the executive branch and legislative branch convenes when there is or there is a dispute between two branches of parliament." Clearly confirmed by the legislative and amendment to the extent that Parliament published the President Preval is a dispute between those who were not working. According to Article 206, the reconciliation commission is made up as follows:
A) Chairman of the Supreme Court as president of Haiti;
B) as Vice-Chairman of the Senate;
C) As a member of Congress, President;
D) As a member of the Permanent Electoral Council president;
E) as members of the Permanent Electoral Council Vice President;
F) as a member of the Ministers designated by the President of the Republic.
can. However, this argument does not stand. First, the Provisional Electoral Council, which has been in force since 1987 and since then the conduct of all elections can substitute for the Permanent Electoral Council. Second, it is true that the Government has resigned, it still holds some validity to the consistency of the state as recommended by the Constitution. One might argue that Mr. Gaillot Dorsainville, current president of the Provisional Electoral Council, and it's impossible to leave the country would place him on the commission of reconciliation. Instead of fleeing the country, what if she was temporarily disabled due to illness? Either resolved or will be vacant seat on the commission will be replaced. Therefore, President Martelly is no choice, but the solution convoke the Commission to resolve the alleged constitutional issue.
# 3 The Haitian Constitution of the proposed amendments are voted during the last session of Parliament and ratified or rejected by parliament. The amendment to the Constitution as the President's advantage is obvious. Which are led by the President under the present amendment can not apply them. Similarly, the President can not amend the published amendment. The Constitution was put in place a president or government to protect against any dictatorial tendencies. Therefore, the solution to the recourses of the Commission unless the President Martelly question has not been handed republish revised. Reconciliation commission to do so without the blessing of the Haitian Constitution would violate the open.
