The Minister of Justice (Minjus), Hannibal Torres, remarked that if Congress intends to regulate the articles of the Constitution referring to the question of confidenceIt should also modify what is established in the terms of the presidential vacancy. In addition, he affirmed that the Constituent Assembly cannot be regulated in the Magna Carta.
“The Constitution cannot be modified except with another constitutional law, not with another ordinary, interpretive or constitutional development law. The modification of the Peruvian Constitution must be done in accordance with article 206 of the Constitution, which establishes that it can be modified with 2 ordinary legislatures or one ordinary plus a referendum. That is what the law says, but not the similar brutality of saying that they can modify the Constitution under the pretext of interpreting it. I am not saying that Congress cannot interpret the Constitution, I am a lawyer, I know what I am talking about. Congress has to interpret the Constitution to give its laws”, Expressed Torres Vásquez during the virtual ceremony of the V International and Regional Congress of Political Science.
“If Congress wants to modify the trust question, it has to modify the trust question in conjunction with the presidential vacancy. It is not difficult to do so, as long as it establishes that the presidential vacancy proceeds not as the Constitution currently says due to moral incapacity but due to mental and physical incapacity and (thus) limit the question of trust to the issues strictly corresponding to the Congress of the Republic.“, he claimed.
SIGHT: Executive seeks to prevent them from regulating trust
The parliamentary commission on the Constitution, entitled by Patricia Juárez (Popular Force), approved the opinion of insistence that regulates the question of trust after receiving the observation from the Executive. For Aníbal Torres, changing the question of trust is not enough to interpret it, but with a constitutional law.
“(The question of trust) established as a compensation to the power of Congress to be able to censure individual ministers or the Council of Ministers. There is a balance between them. What happens is that they diminish the power of trust that the Executive has. It is no longer even known with what because they say that their law is interpretive, it is authentic. Giant brutality ”, criticized the minister.
On the other hand, the head of the Minjus remarked that “If the people want a new Constitution, a new Constitution will be given and if they do not want there will be no new Constitution”. “Who is going to tell the people yes or no? Only those great jurists that we have, who affirm that this is not possible because it is not provided for in the Constitution. Is that what they studied for? To say that monstrous barbarity have they studied? They have to understand that the human being to be able to live in society has to regulate his conduct with norms ”, mentioned.
“Law is not poetry, law is reasoning, law is criterion, law is theory linked to social reality”He added.
SIGHT: Banks ask to withdraw the questioned Minister of the Interior
According to the minister, the Constituent Assembly cannot be regulated in the Constitution because if it were regulated it would no longer be a Constituent Assembly but would be “Constituted Assembly”.
“Here we cry out to heaven that with a new Constitution the country will be destroyed. I ask you: has the nation been destroyed from Chile? Now they are in the Constituent Assembly. Have the investments gone? Are Chileans fleeing to another country? nothing like that is happening”, The minister pointed out.
“I am not propagandizing for or against the Constituent Assembly because I am talking about an academic activity. I respect the ultra-right that is collecting signatures to prohibit the convening of a Constituent Assembly, they are as Peruvian as any of us, but I also deeply respect those who are collecting signatures to hold a referendum and call a Constituent Assembly (.. .) Who will decide? the sovereign power Who is the sovereign power? the sovereign is the people”, He concluded.