The Legislative Assembly is obliged to ignore whoever wants to remain in office beyond their term.
The Constitution of the Republic of El Salvador commands that the alternability in the exercise of the Presidency of the Republic is indispensable, will not be able to be candidates to President of the Republic who have exerted the position immediately before, the presidential period will be of five years and whoever has exercised it will not be able to continue even one more day; the dispositions on the alternabilidad in the exercise of the Presidency of the Republic will not be able to be reformed in any case.
In addition, the Legislative Assembly is obliged to ignore whoever wants to remain in office beyond their term.
These are some of the provisions of the Magna Carta that challenge the magistrates imposed in the Constitutional Chamber who ordered, on Friday night, in the Supreme Electoral Court “to allow in accordance with Article 152 ordinal 1st that a a person who holds the Presidency of the Republic and has not been President in the immediately preceding period participates in the electoral contest for a second time “, which opens the door to the re – election of Bukele in 2024.
LOCKS OF THE CONSTITUTION
The Constitution of the Republic of El Salvador is clear:
Art. 88. – The alternabilidad in the exercise of the Presidency of the Republic is indispensable for the maintenance of the form of government and established political system. Violation of this rule compels insurrection.
Art. 152.- The following may not be candidates for President of the Republic: 1st- The one who has held the Presidency of the Republic for more than six months, consecutive or not, during the immediately preceding period, or within the last six months prior to the beginning of the presidential term;
Art. 154.- The presidential period will be five years and will begin and end on the first of June, without the person who has exercised the Presidency being able to continue in his functions not one more day.
Art. 248. The articles of this Constitution that talk about the form and system of Government, the territory of the Republic and the alternabilidad in the exercise of the Presidency of the Republic will not be able to be reformed in any case.
Art. 131.- It corresponds to the Legislative Assembly … Obligatory not to know to President of the Republic or to what does when when finished its constitutional period it continues in the exercise of the position. In this case, if there is no person legally called for the exercise of the Presidency, he must appoint an Interim President.
According to the sentence, it was signed by Oscar López Jerez, Elsy Dueñas, Ángel Pérez Chacón, Luis Javier Suárez and Héctor Nahum Martínez.
They argue in their 28-page ruling that the ban on running “is for candidates, not for the president” and that “the Constitution does NOT establish prohibitions for being president, but for running for president.”
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For them, “linking the popular will to a text that responded to needs, context or circumstances of 20, 30 or 40 years ago, is no longer a guarantee, but an excessive restriction disguised as legal certainty.”
But the Constitution of the Republic guarantees the alternabilidad in the exercise of the presidency. as a condition “indispensable for the maintenance of the established form of government and political system.” The immediate re-election of a president, however, breaks with this precept because there would be no opportunity for change.
The Magna Carta is even clearer in saying that “Candidates for President of the Republic may NOT be: 1st- The one who has held the Presidency of the Republic for more than six months, consecutive or not, during the immediately preceding period, or within the last six months prior to the start of the presidential term “, which definitively closes the way for a president to be re-elected and more to perpetuate himself in power.
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As forceful as the above is the provision that the presidential term will be five years and will begin and end on June 1, without the person holding the presidency being able to continue in office “not one more day.”
Provisions on alternation and form of government are non-negotiable, according to the Magna Carta. Even the Legislative Assembly is obliged to ignore whoever wants to remain in the presidency of the Republic beyond its term.
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