■ Constitutional Building Institutions
"Constitutional chamber does not construe, but distorts the Constitution"- Venezuela’s emeritus Justice Blanca Rosa Marmol de Leon
"Courts give the assurances for cohabitation and if people stop trusting them, an invitation is extended to take the law in their own hands, that is, violence"
In January 2013, when leaving her incumbency held for 12 years at the Criminal Cassation Chamber, Supreme Tribunal of Justice (TSJ), emeritus justice Blanca Rosa Mármol de León caused a great stir when proposing the removal of the Constitutional Chamber for deeming that it "just makes interpretations on behalf of the government and runs counter to justice."
Thailand does not need a special method to get a new leader, so do not try to twist the rules to get around the existing regime just to rid of certain players, a small group of scholars has warned. They were responding to proposals made by Democrat Party leader Abhisit Vejjajiva, permanent secretary of justice Kittipong Kittiyarak and former Asean secretary general Surin Pitsuwan.
"Ahmed Omar Miitig was appointed head of the transitional government, and asked to form his cabinet and present it to the GNC for a confidence vote within 15 days," said the text of a decision signed by speaker Nuri Abu Sahmein.
The appointment makes the 42-year-old businessman Libya's youngest and fifth premier since long-time autocrat Muammar Gaddafi was toppled and killed in a 2011 uprising.
The Libyan Assembly needs to ensure that the constitution drafting process is as inclusive as possible
Libya’s long awaited constitutional drafting process started on 21 April in the city of al Baida in Eastern Libya. The Constituent Assembly held its first session to start work on a set of governing bylaws and elected its presidency. According to the Temporary Constitutional Declaration, the Assembly will have 120 days to present a draft of the constitution to the General National Congress (GNC) and then put it up for a public referendum.
THE Zambia Medical Association (ZMA) is opposed to the draft constitution being made the country's supreme law in its current form.
ZMA says the clause in the Bill of Rights that defines life as starting at conception must be removed from the draft constitution as there is no consensus on the subject.Article 28 of the Draft Constitution reads: "… 28.
(1) A person has the right to life.
(2) The life of a person begins at conception.
(3) A person shall not be deprived of life intentionally, except for a capital offence the sentence of which is death, subject to limitations, defences and extent prescribed.
Executive Director Sunday Chanda who was once a sworn Patriotic Front cadre said everyone knew what needed to be done and holding an indaba was just a waste of time.
Chanda said the indaba will only drag the process further.
“There is no need for an indaba we all know where we are and why we are stuck. The President appointed a technical committee and the final draft constitution is there which has been stuck and now you want to go to the indaba and discuss what?” he said.
Constituent Assembly Chairman Subas Nembang has told party leaders and lawmakers to avoid foreign junkets, stressing that such activities would only distract them from the all-important task of constitution writing.
Earlier, the CA chair had communicated such a message to the top leaders of the parties urging them to discourage foreign visits, stating that they have limited time at their disposal to promulgate a new constitution.
Many see Nembang’s current proactive role in constitution making as his attempt to distance himself from his image in the CA-1 where many saw him as failing to use his pulpit position.
Though heads of these committees are yet to be appointed, all five committees—Political Dialogue and Consensus Committee, Committee to Study and Determine Constitutional Records, Drafting Committee, Committee to seek Public Opinion; and Committee to Enhance the Capacity of Lawmakers and Resource Mobilisation—held their meetings under the chairmanship of the senior-most lawmakers.
The first meeting dwelt on planning to speed up the statute writing process. With the beginning of the tasks, parties also reached an understanding on selecting chairpersons of the committees on the basis of consensus by April 18.
Major parties have made a tentative understanding to divide the committees among themselves. The Political Dialogue and Consensus Committee is likely to be led by the UCPN (Maoist), Drafting Committee by the Nepali Congress and the Constitutional Records Committee by the CPN-UML.
The other two committees on capacity enhancement and public opinion are likely to be shared by Madhes-centric and other fringe parties.