Noboa’s effort to bypass a court review of referendum question is blocked by Constitutional Court

President Daniel Noboa’s attempt to install a constituent assembly to rewrite the constitution without a legal review has been provisionally suspended by the Constitutional Court. The court ordered the suspension until it considers five suits challenging the presidential order.

President Daniel Noboa’s attempt to bypass the Constitutional Court review of a referendum question to convene a constituent assembly could trigger a constitutional crisis.

Frustrated by the court’s rejection of seven proposed referendum and consultation questions, Noboa issued presidential decrees Friday and Saturday claiming he had the authority to bypass the legal review to include the constituent assembly question in the November vote.

“No entity can stop the will of the people to decide this issue at the polls.,” Noboa said in a statement. “I have ordered the National Electoral Commission (CRE) to prepare the referendum.”

Although the CRE agreed to begin preparations for the referendum, it said it will wait for the Constitutional Court’s review of the constituent assembly question before including it. “We are following established guidance in requiring that referendum and consultation questions to be reviewed and approved by the court,” CNE president Diana Atamaint said Saturday.

Two questions have already been approved. The are:

1) Do you agree with the elimination of the government’s obligation to allocate resources from the state budget to political organizations?
2) Do you agree with the removal of the prohibition on the establishment of foreign military bases or foreign installations for military purposes on Ecuadorian soil, and the transfer of national military bases to foreign armed or security forces?

In his Saturday statement, Noboa claims the constitution adopted in 2008 is a “relic of the past” and is restricting the country from addressing current issues. “The country deserves to be freed from policies and institutions that hold it back,” he said. “Faced with new scenarios, there is no excuse for not moving forward to a constituent assembly to create a new document.”

Noboa maintained that the Constitutional Court also “represents the past.”

The court defended itself Saturday afternoon, insisting it is the “defender of the people” and that it is responsible for “protecting the rights of every citizen as described in the constitution.”

Most former judges and constitutional lawyers are backing the court decision to allow challenges to Noboa’s presidential decree to be heard and to review Noboa’s question. The Forum for Democracy warned that “a serious breakdown of democratic order” could result if Noboa’s order is allowed to stand. “The rules are designed to protect against the abuse of power by one branch of the government and must be respected and safeguarded, regardless of political affinities or partisan interests,” said the 24 legal professionals of the Forum.

Arturo Moscoso, director of the School of Political Science at International University, agreed with Noboa that the 2008 constitution has “shortcomings” but said they can be “fixed and overcome” through established channels, including the judicial review process. “He may have political differences with the court but blowing up the established order is not the solution,” he said.

Moscoso added that revising the constitution is not a major concern of the public. He cited an August survey by the Imasen polling group that found only 38% of Ecuadorians want a new constitution.