The Lisbon Treaty Failure: Getting back to Basic Frames | 21 comments (21 topical, editorial, 0 hidden)

Re: The Lisbon Treaty Failure (none / 1)

Even with that in place, in America there was a lot of opposition to collecting the colonies into a single country. A lot of manipulation was required to get the constitution ratified, and it wasn't put to a popular vote. Even then, it was a close call in most states.

Thank you for pointing this out: I get really irritated every time people suggest the EU's problems would all go away if only we imitated the US Constitution.

When the capital development of a country becomes a by-product of the activities of a casino, the job is likely to be ill-done. — John M. Keynes

by Carrie (migeru at eurotrib dot com) on Thu Jun 26th, 2008 at 09:24:18 AM EST
[ Parent ]

Re: The Lisbon Treaty Failure (4.00 / 3)

How about Venezuela? Their 350-point constitition was approved by over 70% of the electorate. Does any other constitution have something like article 27, especially

El ejercicio de este derecho no puede ser afectado, en modo alguno, por la declaración del estado de excepción o de la restricción de garantías constitucionales.

Can somebody who knows Spanish confirm that this explicitly guarantees habeas corpus rights, even in the case of a national emergency?

by gk (gk (gk quattro due due sette @gmail.com)) on Fri Jun 27th, 2008 at 05:15:26 AM EST
[ Parent ]

Re: The Lisbon Treaty Failure (4.00 / 3)

It says, "The exercise of this right cannot be affected in any way by the declaration of a state of emergency or the restriction of constitutional guarantees."

by the stormy present (stormypresent aaaaaaat gmail etc) on Fri Jun 27th, 2008 at 05:30:06 AM EST
[ Parent ]

Re: The Lisbon Treaty Failure (4.00 / 2)

yes, that is correct.

When the capital development of a country becomes a by-product of the activities of a casino, the job is likely to be ill-done. — John M. Keynes

by Carrie (migeru at eurotrib dot com) on Fri Jun 27th, 2008 at 05:34:32 AM EST
[ Parent ]

Re: The Lisbon Treaty Failure (4.00 / 2)

Well, there's the Spanish Constitution of 1978

Section 17
Every person has the right to freedom and security. No one may be deprived of his or her freedom except in accordance with the provisions of this section and in the cases and in the manner provided for by the law.
Preventive arrest may last no longer than the time strictly necessary in order to carry out the investigations aimed at establishing the events; in any case the person arrested must be set free or handed over to the judicial authorities within a maximum period of seventy-two hours.
Every person arrested must be informed immediately, and in a way understandable to him or her, of his or her rights and of the grounds for his or her arrest, and may not be compelled to make a statement. The arrested person shall be guaranteed the assistance of a lawyer during police and judicial proceedings, under the terms to be laid down by the law.
An habeas corpus procedure shall be provided for by law in order to ensure the immediate handing over to the judicial authorities of any person illegally arrested. Likewise, the maximum period of provisional imprisonment shall be determined by law.

Subsection 3 is protected except in a "state of siege" (meaning, state of war) - that is, no detention without charge, right to remain silent, and right to legal counsel:

Section 55
The rights recognized in sections 17 and 18, subsections 2 and 3, sections 19 and 20, subsection 1, paragraphs a) and d), and subsection 5; sections 21 and 28, subsection 2, and section 37, subsection 2, may be suspended when a state of emergency or siege (martial law) is declared under the terms provided in the Constitution. Subsection 3 of section 17 is excepted from the foregoing provisions in the event of the declaration of a state of emergency.
An organic act may determine the manner and the circumstances in which, on an individual basis and with the necessary participation of the courts and proper parliamentary control, the rights recognized in section 17, subsection 2, and 18, subsections 2 and 3, may be suspended for specific persons in connection with investigations of the activities of armed bands or terrorist groups.
Unwarranted or abusive use of the powers recognized in the foregoing organic act shall give rise to criminal liability as a violation of the rights and freedoms recognized by the laws.

When the capital development of a country becomes a by-product of the activities of a casino, the job is likely to be ill-done. — John M. Keynes

by Carrie (migeru at eurotrib dot com) on Fri Jun 27th, 2008 at 05:45:04 AM EST
[ Parent ]

The Lisbon Treaty Failure: Getting back to Basic Frames | 21 comments (21 topical, 0 editorial, 0 hidden)

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