D. N. Vercáriâ
Group: citizens
(4498 posts total)
(last post: March 15, 2008 - 16:51)
Citizen #26:
Dieter N Vercáriâ | > > >
> > > > Contrâ, instead. Unless someone quickly explains to me how we can elect a President in a constitutional way during the refendum on the Constition, as proposed in section 2.
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> > >
> > > A consitution defines what is constitutional or not.
> > >
> > > If a LAW said that we can elect the president during the referendum, I am not sure it would be constitutional.
> > >
> > > But since the constitution specifies it, it is by definition, constitutional.
> >
> > Before the end of the referendum the constitution is possibly only a proposed constitution.
> >
>
> Yes, but the rules of the election are not even defined by the constitution ! The only thing the constitution specify is that an election is needed.
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> Not the method it is conducted...
I don't know if it helps to look at Art. VIII, Sec. 5 of the Provisional Constitution which states that the Prov. Constitution is abolished upon the ratification of the new constitution. So all procedures before the ratification should follow the provisions of the Provisional Constitution (that is, including procedures of the referendum).
IMHO, the Appendix of the new constitution regarding the procedure of adopting the new constitution can only fill "constitutional gaps" that open in the very moment when the Provisional Constitution becomes history (and thus all provisional bodies of the Republic cease to exist).
- D. N. Vercáriâ |
