The Justice Systems Commission of the Constitutional Convention (CC) generally approved articles linked to the Constitutional Court, an institution that seeks to replace the Constitutional Court (TC).
For the minister and former president of the jurisdictional body Iván Aróstica, who leaves his position as minister of the TC on Monday, March 14, the constituent process “is going beyond the task.”
While the creation of a new body to ensure compliance with the Magna Carta is discussed in the Plenary of the CC, one of the first decisions that President Gabriel Boric will have to make will be to choose two names to join the TC.
On his way out, Iván Aróstica declared that the creation of the drafting body “was not an improvisation” and assured that 2014 began when Senator PPD Jaime Quintana said that the foundations of the neoliberal model had to be destroyed with a backhoe. In addition, he stated that “the violent revolution” of October 2019 followed, which led to the Constitutional Convention.
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“The Convention is going beyond the task,” said the TC minister, consulted by The Mercury about the idea of ”refounding everything” that haunts the conventional. “The reform says that they have to make a new Constitution for the Republic of Chile. They are drafting a new Constitution, but they cannot put into play neither the idea of a Republic nor the idea that Chile is a single country. The plurinational state and everything that identifies Chile is off limits,” said Iván Aróstica.
The magistrate pointed out that “it would be necessary to inform some conventional experts what a Constitution is and what they have to do. The Constitution is two things: how the division of powers is articulated and how it guarantees the rights of the people, nothing more.”
In this sense, Iván Aróstica addressed the possibility of eliminating the Senate. Assuring that “I don’t want to fall into the debate as it is being presented,” he pointed to 52 conventional “who do not want to put the discussion of constitutional models on the table, what they want to do is crown a legal revolution that began in 2014.”
“What they want is to make a revolution by way of law, because they are dissatisfied with everything that has gone before and they are going to make a revolution by changing the structures of the model. After the legal revolution came the violent revolution, which It is October 18, that day has produced a constitutional process that 52 conventionalists want to crown with a new Constitution. Anything I can say is to ignore the transcendent,” he explained.
In the opinion of Iván Aróstica, the creation of a Constitutional Court in Chile is a sign that “what they (the conventional ones) really want is that the first sanctioned is the TC for having prevented the legal revolution. This does not go through a reform to the Constitutional Court”.
“The name does not matter to me, but not that the ministers leave, because they would be sanctioning the court, it is a punishment. If they are kicked out it is because they are making a constitutional accusation and that is very serious,” he closed.
