Constitutional Court will allow Noboa’s constituent assembly referendum question with changes

The Constitutional Court said Tuesday it will allow President Daniel Noboa’s question for a constituent assembly to appear on the November referendum ballot if changes are made to the wording. Assuming Noboa agrees to the changes, the court’s decision could head off a constitutional crisis.

The Constitutional Court

On Friday and Saturday, Noboa issued decrees ordering the constituent assembly question to appear on the ballot without a court review. The court responded that the president did not have the authority to bypass the legal review process.

If approve in a public vote, the constituent assembly will write a new national constitution.

In comments prepared by Judge Alejandra Cárdenas, the court said several points in the question required clarification, including the “provision of a detailed description” of how representatives to the assembly will be selected. In its current wording, the National Electoral Commission would determine the selection process for assembly members.

Following revisions, the court will review the question again before granting final approval.

According to former court judges, the speed with which the court ruled on the constituent assembly question was an effort to defuse the conflict between Noboa and the court. Tensions between the president and the court have been high since judges suspended dozens of provisions of three anti-crime laws passed by the National Assembly in August.

“I believe that both the court and the president understand that this is a fight that has no satisfactory conclusion,” says former Constitutional Judge Gustavo Acosta. “Since the bad feelings surfaced, he has learned that this is not an important issue for Ecuadorians and that the public does not agree that the court is the enemy of the people. On the other hand, the court is also interested in avoiding a crisis and is going out of its ways to accommodate the referendum question.”

If Noboa complies with the court ruling and resubmits the question, five lawsuits filed against his presidential decree will be dismissed.