Honduras: The Ruling on Zelaya’s Removal

La Prensahn reports today on the Honduras Supreme Court’s ruling removing Zelaya from power. It’s a rather curious beast and mostly revolves on how Article 239 operates. Article 239 establishes that no one can propose to reform presidential term limits and anyone who does is immediately removed from their post. The Supreme Court said, however, that by asking votes if they want Constitutional Assembly, you are automatically saying you want to abolish the entire Constitution, including the 8 Articles not subject to repeal or amendment. Thus, Zelaya, by trying to execute a referendum asking whether a Constitutional Assembly should be established, removed himself from the Presidency.

The strange part here is that, on it’s face, this appears to make the Constitutional un-amendable, at least through the referendum process. Furthermore, the article fails to mention either Article 81 or Article 102, which suggest that the military’s airlift of Zelaya out of the country was itself a violation of a Constitutional right.

Honduras: The Ruling on Zelaya’s Removal

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