Fernandez on the Constitution Court

President Leonel Fernandez understands that the tasks of the to-be created Constitutional Court and the Supreme Court of Justice are clearly outlined. As reported in El Dia, he said that the new body under study in Congress establishes as responsibility of the new Constitutional court to review the norms, laws, decrees, orders and resolutions as they relate to the Constitution. He said that when the Supreme Court of Justice recognizes the recourse of cassation and the allegations of exception of violation of the Constitution in the judicial bodies and the sentence is pronounced then the case ends there. Cassation jurisdiction means that the Supreme Court has supreme jurisdiction on quashing the judgments of inferior courts if those courts have misapplied the law. Cassation is based not on outright violation of law, but on diverging interpretations of law between the courts.

The Senate modified the Constitutional Court bill so that decisions of the Supreme Court acting as cassation court cannot be reverted by the Constitutional Court.

Lawyer Luis Scheker feels that the modification of the Senate was rational. “It defines two competencies that are perfectly compatible, avoiding that conflicts drag on.

He explains that the alleged violation of the Constitution by a law, decree, ruling or any disposition will be decided by the Constitutional Court, not so a private and ordinary disputes, which would be decided by the Supreme Court of Justice.