a1203: Re: a1202: Poincy answers to Benodin's inquiry on Art.165 of the constitution (fwd)

[Bob Corbett <corbetre@webster.edu>]

From: "[iso-8859-1] Jean Poincy" <caineve@yahoo.fr>

“In case of  the prime minister’s
> resignation, the government
> remains in place until the nomination of his
> successor, to expedite the
> current affaires.”  In other words while the
> government is waiting for the
> nomination of the prime minister’s successor, none
> of its members are
> authorized to engage the government in any new
> accord or new contract.

This is a missreading of the article. The confusion
lies in the use of the word "place" which can be
interpreted as staying put and no actions are to be
taken. What it really means in fact is that the
government should remain in function to conduct
business as usual until the new prime minister comes
to form a new government. Otherwise there would be no
reason for them to remain in functions if they could
take no actions. Hence, the accord is in no violation
with the constitution.

However, if we want stretch it and give a different
meaning to the term "affaires courantes" (current
affairs) to exclude this kind of accord and consider
only minor administrative tasks, yes the
interpretation is correct and violation has taken
place. I doubt very much that's the case.

Ayiti has lived, lives and will live
Mozeb





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