The constitutional courts spoke out in favor of preserving the independence of powers in a democracy
The Ibero-American Conference on Constitutional Justice, which brings together the constitutional courts of Latin America and Spain, expressed its concern about the dismissal of the magistrates of the Constitutional Chamber by the new Legislative Assembly with an official majority for attempting against the separation of powers that sustains all democracy.
“The Ibero-American Conference on Constitutional Justice -supranational organization made up of the Courts, Courts and Chambers that exercise constitutional jurisdiction in the sphere of the Ibero-American community of nations- is concerned with the decision of the Legislative Assembly of the Republic of El Salvador to dismiss the members of the Constitutional Chamber; measure that has affected the five regular magistrates and the alternate magistrates ”.
The group joined the majority of international convictions after May 1 under the argument that the guardian of every Constitution must maintain its impartiality and not be related to the rest of the organs of States.
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“The Conference appeals to the need to preserve and guarantee the independence and impartiality of the members of the Courts, Courts and Constitutional Chambers, who are entrusted with the function of ensuring the legal supremacy of each Constitution.”
Defend the Constitution
In addition, it coincides with the rest of legal opinions that the dismissals of officials must be attached to the law of each country, something that according to constitutional lawyers was not fulfilled in the aforementioned dismissals of May 1.
“The Conference has as one of its statutory approved purposes that of” preserving and enhancing the independence and impartiality of the Courts, Courts and Constitutional Chambers, as well as of their members. ” From respect to the diversity of constitutional orders and models of the different Ibero-American States, the Conference considers that the principle of independence of judges is part of our common heritage. Any anticipated removal from the position of a constitutional judge must exclusively obey causes previously established by law, adopted by means of a duly motivated decision and in a process that respects the established guarantees ”.
For the Conference, the rest of the powers, in this case the Legislative and the Executive must take actions aimed at preserving this separation of powers that are fundamental for checks and balances, which allow power not to be concentrated in a single person, as in this would happen, since the three organs are aligned under the same guideline.
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“It is the responsibility of the rest of the public institutions to contribute to making said independence a reality, avoiding actions that compromise it and abiding by the judgments issued by the constitutional jurisdiction, guarantor and maximum interpreter of our Constitutions.”
The criticism made by organizations such as the United Nations (UN), the Organization of American States (OAS) and countries such as the United States, Canada, the European Union, Norway or Germany is that judges and magistrates should have independence and not be related to the same political party.