HONDURAS Constitutional Crisis & Presidential Impeachment
Honduras Constitution provides no explicit nor enumerated impeachment & removal power of its Chief Executive, the President. This does not immunize the President from removal. By standard legal constitutional construction, a grant of power to hold office also provides for removal by dereliction of duty, corruption in office, etc., by the inverse reasoning of failed performance or bad conduct in office.
As the Presidency would become defective by malperformance, or misfeasance, the Presidency would acquired a disablement or defect against the Constitutional standard of office.
Such event, particularly by finding of Congress and the Supreme Court, and especially for grave and material matters, constitutes a failure (defecto) in the incumbrance of the office. Removal, or suspension of power, would be an inherent constitutional resolution in logic and constitutional law.
As a kindred example, a power to receive or a vesting of right under law, creates inherently an option in its protection and exercise by declaration, writ etc. Equally, an abuse inherently creates through law, a revocation, cancellation, of the right by process of law.
Honduras' Congress and her Supreme Court found that President Zeyala had violated the law and the Constitution materially repeatedly; additionally presided "infidelio", to both; and he was hence materially disqualified for office. Either the VicePresident(Sr Santos) similarly failed [check record]; or declined the office; and the Constitutional course of succession to and through the President of the National Congress was followed.
Honduras Law (the legal code implementing the Constitution) has not been referenced for this analysis, but should (as long as compliant with the Constituion) be in accord.
Nothing in the Honduras Constitution grants her President immunity from law & process in material matters; nor presupposes a permananet term of office regardless of behavior.
President Zelaya was impeached by Constitutional common law and the legal code supporting the Constitution by its inherent power to Congress; and removed from office .. "derelito flagrante".
He is physically and legally empowered to return to Honduras and petition for his rights to the Courts.
For comparison to other Republics in Latin America see the following link:
http://pdba.georgetown.edu/Comp/Ejecutivo/Presidencia/cesacion.html
As the Presidency would become defective by malperformance, or misfeasance, the Presidency would acquired a disablement or defect against the Constitutional standard of office.
Such event, particularly by finding of Congress and the Supreme Court, and especially for grave and material matters, constitutes a failure (defecto) in the incumbrance of the office. Removal, or suspension of power, would be an inherent constitutional resolution in logic and constitutional law.
As a kindred example, a power to receive or a vesting of right under law, creates inherently an option in its protection and exercise by declaration, writ etc. Equally, an abuse inherently creates through law, a revocation, cancellation, of the right by process of law.
Honduras' Congress and her Supreme Court found that President Zeyala had violated the law and the Constitution materially repeatedly; additionally presided "infidelio", to both; and he was hence materially disqualified for office. Either the VicePresident(Sr Santos) similarly failed [check record]; or declined the office; and the Constitutional course of succession to and through the President of the National Congress was followed.
Honduras Law (the legal code implementing the Constitution) has not been referenced for this analysis, but should (as long as compliant with the Constituion) be in accord.
Nothing in the Honduras Constitution grants her President immunity from law & process in material matters; nor presupposes a permananet term of office regardless of behavior.
President Zelaya was impeached by Constitutional common law and the legal code supporting the Constitution by its inherent power to Congress; and removed from office .. "derelito flagrante".
He is physically and legally empowered to return to Honduras and petition for his rights to the Courts.
For comparison to other Republics in Latin America see the following link:
http://pdba.georgetown.edu/Comp/Ejecutivo/Presidencia/cesacion.html
posted by scotty of course at 11:10 AM
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