Ecuadorian Constituent Assembly: Difference between revisions

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|houses =
|leader1_type = President
|leader1 =[[Alberto Acosta]]<br (first)/>
[[Fernando Cordero Cueva]]
|party1 =
|leader2_type =
|leader2 = [[Fernando Cordero Cueva]] (second)
|party2 =
|members = 130 asambleistas
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|election1 =
|election2 =
|meeting_place = [[Montecristi, Ecuador|Montecristi]], [[Manabí Province|Manabí]], {{ECU}}[[Ecuador]]
|website = <small>[https://web.archive.org/web/20080817050225/http://asambleaconstituyente.gov.ec/%23 Official website]</small>
}}
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The '''Ecuadorian Constituent Assembly''' was a 2007–2008 [[constitutional assembly]] in [[Ecuador]], which drafted the [[2008 Constitution of Ecuador]], approved via the [[Ecuadorian constitutional referendum, 2008]].
 
On 30 September 2007 an [[Ecuadorian Constituent Assembly election, 2007|election]] for a constituent assembly was held in [[Ecuador]] following the [[Ecuadorian Constituent Assembly referendum, 2007|referendum on this issue]] held on 15 April 2007. 130 delegates were elected: 24 members from national lists, 100 representing the provinces and six for emigrants living outside Ecuador.<ref>[http://www.plenglish.com/article.asp?ID={A1BF8F61-D39F-411E-91C4-32010BC8E388})&language=EN Prensa Latina<!-- Bot generated title -->] {{webarchive |url=https://web.archive.org/web/2009030100000020090315042804/http://www.plenglish.com/article.asp?ID= |date=March 115, 2009 }}</ref> President [[Rafael Correa]]'s [[PAIS Alliance]] won a landslide victory, winning 74 of the 130 seats, giving the party the power to make the substantial constitutional reforms for which Correa had been calling.<ref>{{Cite web |url=http://www.eluniverso.com/2007/10/02/0001/1/graficos/F685C4893D734CA5A42F4AB7B1228050.aspx |title=Archived copy |access-date=2007-10-02 |archive-url=https://web.archive.org/web/20071113230946/http://www.eluniverso.com/2007/10/02/0001/1/graficos/F685C4893D734CA5A42F4AB7B1228050.aspx |archive-date=2007-11-13 |url-status=dead }}</ref>
 
The assembly first convened on November 29, 2007 in [[Montecristi, Ecuador|Montecristi]], and was given six months to write a new constitution, with a possible two-month extension. In late July, 2008, the assembly approved a draft constitution comprising 494 articles, which was approved by the registered voters of Ecuador in September 2008 with a 63.93% to 28.10% margin of victory.{{Citation needed|date=October 2024}}
 
==Setting up the assembly==
Although the Constituent Assembly was planned to be set up on 31 October 2007, this was postponed for a month due to delays in the official pronouncement of the final election results.<ref>[https://archive.today/20120723095009/http://www.angus-reid.com/polls/view/28978/correas_approval_soars_after_vote_in_ecuador Correa’sCorrea's Approval Soars After Vote in Ecuador: Angus Reid Global Monitor<!-- Bot generated title -->]</ref> The Assembly had six months (with a possible extension of two months) to draft a new constitution, which would then have to be ratified in a [[Ecuadorian constitutional referendum, 2008|referendum]].<ref>[http://english.people.com.cn/90001/90777/6275310.html People's Daily Online - Ecuadorans vote for Constituent Assembly<!-- Bot generated title -->]</ref>
 
The Assembly convened on 29 November 2007, elected its leadership and then heard a proposal to dismiss Congress on the grounds that it was corrupt.<ref>[{{Cite web |url=http://asambleaconstituyente.gov.ec/index.php?option=com_content&task=view&id=214&Itemid=1 |title=Asamblea Nacional Constituyente del Ecuador - Sitio Web Oficial - Proponen que Asamblea Constituyente asuma plenos poderes<!-- Bot generated title -->] |access-date=2007-11-30 |archive-url=https://web.archive.org/web/20080706223738/http://asambleaconstituyente.gov.ec/index.php?option=com_content&task=view&id=214&Itemid=1 |archive-date=2008-07-06 |url-status=dead }}</ref> A vote was taken, which was televised live, and 110 out of the 128 delegates present voted for Congress's dismissal.<ref>[http://www.elcomercio.com/noticiaEC.asp?id_noticia=154485&id_seccion=3 El Comercio<!-- Bot generated title -->]</ref>
 
The intentions of the Constituent Assembly had been publicly known since the results of the elections in October and consequently some members of Congress had vowed to resist their dismissal.<ref>[https://www.reuters.com/article/bondsNews/idUSN1532350120071115?pageNumber=2&virtualBrandChannel=0 UPDATE 1-Ecuador lawmakers vow to stay, challenge assembly | Markets | Bonds News | Reuters<!-- Bot generated title -->]</ref> Congress had originally approved the idea of a plebiscite for the creation of a Constituent Assembly on the condition that Congress itself would not be dismissed. However, when the potential powers of the assembly were expanded, Congress objected. Correa submitted the new terms of the plebiscite to the Electoral Tribunal and not to Congress, thus circumventing Congress's power. This led to various other [[Rafael_CorreaRafael Correa#Constitutional_AssemblyConstituent Assembly|confrontations between Correa and Congress.]] In late November, Jorge Cevallos, the head of Congress, said that the National Congress would submit to the decision of the Constituent Assembly saying that he and other legislators were not willing to "risk their lives over" the issue and that Ecuadoreans had made their decision in the referendum.<ref name=autogenerated1>[https://www.reuters.com/article/bondsNews/idUSN3030791120071130 Ecuador's Congress will accept closure -lawmaker | Markets | Bonds News | Reuters<!-- Bot generated title -->]</ref> It was thought unlikely that any resistance or appeal to international courts would have much effect on the proceedings of the Constituent Assembly. With Congress dismissed, the Constituent Assembly assumed the legislative functions in the country. A 13-member commission would examine potential bills to be passed by the entire assembly.<ref name=autogenerated1 />
 
Besides removing Congress and assuming legislative capacities, the Assembly also removed Ecuador's attorney general, bank superintendent and some other state officials.<ref>[https://www.reuters.com/article/bondsNews/idUSN2925634020071130?pageNumber=3&virtualBrandChannel=0 UPDATE 2-Ecuador assembly votes to temporarily close Congress | Markets | Bonds News | Reuters<!-- Bot generated title -->]</ref>
 
==Workings==
According to a poll from late November 2007, 76% supported confirming Correa as president, 69% supported dismissing Congress, and 59% supported taking full powers. Support for gaining the ability to dismiss any official who failed to perform his duty was at 52%, and only 35% supported the Assembly's immunity from prosecution.<ref>[https://archive.today/20120720103117/http://www.angus-reid.com/polls/view/29278/ecuador_endorses_constituent_assemblyaas_actions Ecuador Endorses Constituent Assembly’sAssembly's Actions: Angus Reid Global Monitor<!-- Bot generated title -->]</ref>
 
The Constituent Assembly will likely propose allowing a second term as president, as well as a provision to recall the incumbent president after half of the current term has expired.<ref>[http://english.people.com.cn/90001/90777/90852/6380896.html Ecuador to revise Constitution to allow presidential re-election - People's Daily Online<!-- Bot generated title -->]</ref>
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By early May, 38 of a planned 256 articles had been approved already; the current topic of discussion at that time was whether to allow presidential reelection.<ref>[http://www.prensalatina.com.mx/article.asp?ID={706DB43B-8BA6-493F-8820-2BF6727B6D1B})#uage=ES Reelección presidencial entra a debate en Constituyente ecuatoriana - Prensa Latina<!-- Bot generated title -->] {{webarchive |url=https://web.archive.org/web/20080415093642/http://www.prensalatina.com.mx/article.asp?ID= |date=April 15, 2008 }}</ref>
 
In June 2008, the president of the CA, [[Alberto Acosta]], resigned due to his opposition to speeding up the debate on the remaining articles to meet the deadline of 26 July 2008. He was replaced by [[Fernando Cordero Cueva]] on 24 June 2008.<ref>[http://www.plenglish.com/article.asp?ID={9C2E0502-DA20-44C1-A01C-B03553AB5E81})&language=EN Fernando Cordero to Head Ecuadorian Assembly - Prensa Latina<!-- Bot generated title -->] {{webarchive |url=https://web.archive.org/web/2009030100000020090315042804/http://www.plenglish.com/article.asp?ID= |date=March 115, 2009 }}</ref>
 
The last points were approved on 17 July 2008, the constitution was to be presented on 24 July 2008 and the [[Ecuadorian constitutional referendum, 2008|referendum]] was expected to be held on 28 September 2008.<ref>[{{Cite web |url=http://www.prensa-latinaenglish.com/article.asp?ID={C0C91E78%7BC0C91E78-4425-4BEC-AFB0-3271D94DF2DD})%7D%29&language=EN |title=Ecuador Assembly Approves Constitution - Prensa Latina<!-- Bot generated title -->] |access-date=2019-08-02 |archive-url=https://web.archive.org/web/20080605123002/http://www.prensa-latinaenglish.com/article.asp?ID= |archive-date=2008-06-05 |url-status=dead }}</ref> The new constitution would have 494 articles.<ref>[http://www.prensa-latinaenglish.com/article.asp?ID={3090AD42-8C2A-41C3-9DEF-37F5FC99200E})&language=EN New Ecuadorian Constitution has 494 Articles - Prensa Latina<!-- Bot generated title -->]</ref>
 
Two articles legalising same-sex unions and declaring [[Quechua languages|Quechua]] an official language were dropped in the last minute; polls see a majority in favour of the new constitution, but a lot of people are undecided.<ref>[{{Cite web |url=http://www.angus-reid.com/polls/view/31321/uncertain_fate_for_ecuadorian_constitution |title=Uncertain Fate for Ecuadorian Constitution: Angus Reid Global Monitor<!-- Bot generated title -->] |access-date=2008-07-24 |archive-url=https://web.archive.org/web/20080905112729/http://www.angus-reid.com/polls/view/31321/uncertain_fate_for_ecuadorian_constitution |archive-date=2008-09-05 |url-status=dead }}</ref>
 
Of the 130 members, 94 voted in favour of the draft (consisting of 444 articles), which would be Ecuador's twentieth constitution since its inception as a sovereign state. It would enable Correa to run for two new terms, and also gives the president the right to dissolve Congress within the first three years of its four-year term.<ref>[http://news.bbc.co.uk/2/hi/americas/7524680.stm BBC NEWS | Americas | Ecuador draft constitution passed<!-- Bot generated title -->]</ref>
 
==References==
{{reflistReflist}}
 
==External links==
*[https://web.archive.org/web/20080817050225/http://asambleaconstituyente.gov.ec/%23 Official website]
 
{{Authority control}}
 
[[Category:Politics of Ecuador]]