Sunday, October 10, 2010

State of exception in Ecuador

I shouldn't have mentioned "normality" too quickly in Ecuador.  Rafael Correa has announced the state of exception will continue in Quito "indefinitely."  This actually isn't constitutional, because Article 166 says that they can last only 60 days, though they can be renewed.

A government official said that it would not involve any restriction of liberties, which does not make sense because Article 165 of the constitution very explicitly gives the president the right to restrict all sorts of liberties.

Article 166 also gives the National Assembly the right to revoke it, though I have not heard what kind of legislative resistance there is to Correa's decree.

Si las circunstancias lo justifican, la Asamblea Nacional podrá revocar el decreto en cualquier tiempo, sin perjuicio del pronunciamiento que sobre su constitucionalidad pueda realizar la Corte Constitucional.

It's not specified who decides whether circumstances justify it.


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