THE BLOW OF THE ARTICLE 239 OF THE HONDURAN CONSTITUTION

by Fábio de Oliveira Ribeiro Wednesday, Sep. 30, 2009 at 3:10 PM
sithan@ig.com.br

The dictators' of Honduras only argument is the rifle.

The defenders of the coup d'état in Honduras say that the deposition of Zelaya seeks protection in the article 239 of the Constitution of that country (http://www.honduras.net/honduras_constitution.html)..



All Constitution should be interpreted in a systematic way. The Constitutions count norms that are solemnity-applicable and norms that depend on regulation (these norms of contained validity are called constitutional norms of suspended effect).



The norm that refers the popular sovereignty is solemnity-applicable. In Honduras there is no popular mandate without election. The usurper that occupies Honduran President's position was not chosen by the people, therefore, he doesn't have any constitutional legitimacy.



The rule that prescribes the loss of elective mandate doesn't dispose which will be the necessary formalities for the withholding of the mandate. Therefore, this norm is not and it cannot be considered solemnity-applicable. As it is a constitutional norms of suspended effect, it should have been object of infra-constitutional regulation.



The mandate attributed to the President only extinguishes with his end. His/her repeal is measured exceptional that cannot be resolved without formal accusation, defense right and decision for the competent Tribunal in the form of the constitution or of the Law that treats of the ACTION OF IMPEDIMENT.

Original: THE BLOW OF THE ARTICLE 239 OF THE HONDURAN CONSTITUTION