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Honduras The events mark the beginning of a new constitutional doctrine. The Presidents elected by the people not licensed to commit crime or to violate the Constitution of his country. A president should respect the law and submit to it. That means to be supported the principle of legality and the principle of separation of functions of public bodies.
This means that a President can not perform activities that are not expressly set out its duties in the legal standards of a nation. It must also abide by and be subject to the laws as enacted by the Congress or legislature as to the judgments rendered by the Supreme Court or the judiciary.
When the President does not comply with these fundamental principles incur arbitrary and placed outside the Constitution, breaking the rule of law. When this happens, the other branches of government (legislative and judicial) have a legitimate right, and moreover, the constitutional obligation to restore order to resume normal shattered country's institutions.
is the right to "constitutional self-defense," which moved from criminal law to constitutional law. In this vein, we can define "self defense" as the necessary reaction from unlawful violence or the threat, and not caused by the person relying on this justification. (Grisanti Aveledo, Hernando).
In this sense, it is said that unlawful violence is a denial of the right, because the person who perpetrates an denies unlawful violence norms enshrined in law, but instead of self-defense is the claim of right. Following
Aveledo Grisanti, self-defense is a justification, which is meant that the act done in self defense is a perfect act intrinsically justified, secundum jus an act that is perfectly suited to the legal system .
Applying these notions of criminal law to events in Honduras, we can say that the legislature, the judiciary and all the institutions in Honduras, fought legitimately against unlawful attacks by former President Zelaya, who came repeatedly violating the Constitution and flout the decisions of other branches. In defending this way the institutions mentioned, not only defending themselves, but they were also defending the whole community, in the sense that they were preventing a dangerous for the nation achieve the task that was proposed.
So, the actions taken by Congress and the Supreme Court of Honduras, were absolutely legitimate and attached to the right, acting in exercise of the "constitutional self-defense" against the myriad of abuses the legal system coming developing the former President Zelaya and are knowledge of the world.
Thus, constitutional law should develop, deepen and strengthen this theory of the right to constitutional self-defense in order to adapt to new socio-political circumstances being experienced by the planet to the existence of Presidents who are believed to be above the Constitution and can rule arbitrarily and violated human rights and the legal system, no one can curb their excesses.
Former President Zelaya acted in a harmful way and without limits, without duties and respecting the legitimate decisions of other branches. Its arbitrariness was so extreme that neither even the national budget presented to Congress as mandated by the Constitution, but ruled out of control and not accountable to anyone, as if Honduras were his personal cellar. With so many atrocities and aggressions against the constitutional order, the other powers exercised their right to self defense and took him from the presidency to restore the rule of law, applying the constitutional and whether it was making a mistake, is fully justified according to this theory of constitutional law explain here.
Consequently, the new President of Honduras is absolutely legitimate and constitutional. Legitimate, because Don Roberto Micheletti is a deputy who was elected by popular vote and also unanimously appointed Chairman of the Deputies present at the historic session that is, by all the people's representatives at the national level, so it becomes indirectly mandate of the people. Constitutional because it was appointed in accordance with the procedure laid down in Article 242 of the Honduran Constitution in force.
Moreover, the Honduran Armed Forces are monolithically support the constitutional succession of the President and not part of the new government and took power for himself. The other branches remain intact and running completely normal. Civil society and churches are happy with what happened. So, do not understand how the international community has been so blind to realize something that is as clear as spring water. But the Honduran people and their institutions must remain steadfast and continue to uphold its Constitution and democracy, because they are attached to the law and nobody has the right to require them to violate their legal system or to retract on what was a perfectly legitimate decision, justified and constitutional.
By Dr. Alvaro F. Albornoz P.
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