I know I catch them at the wrong time sometimes because either they are resting or they are tired of not being able to rest. Especially when I ask you to come with me into the whirlwind. These days, I’m reading – for fun – a contemporary pamphlet written by Michael McDowell, the writer of Beetlejuice, beautifully edited by Monsieur Toussaint Louverture. I rest from national weariness by letting myself be carried away by the turbulent waters of Lost River at its confluence with Blackwater, back in Alabama. Both rivers, when they meet, form a turbulent whirlpool that can suck a boat or sink someone. There are tragic stories and dark fantasy tales about him. Something terrible lives right at the bottom of it where a whirlwind is born out of a whirlwind swimming hole. For some reason, it’s not as homely and duller than most other whirlwinds out there too (probably because no one goes swimming there). The truth is that they use it to make sure no one looks in its direction because it leads down to the darkest and bleakest parts of our democracy that we’re currently trying to save from danger (although we’ve only seen this part so far).
Let’s try to draw a monster using McDowell’s insight and storytelling tension. I’ll use my story-weaving skills to construct a seamless tale, with intrigue and fantasy.
Tomorrow, Monday, eight conservatives in wheelchairs met to “consider” or rather rescind the reform presented earlier on by the parliamentary group. The reform is about the popular sovereignty of the Congress of Deputies. I know this sounds fantastically crazy, but it’s true. Eight expired members of state power provoked the meeting to put pressure on Parliament for a legislative proposal to be voted on by our people’s representatives.
The NP tried to prevent democratic and constitutional normality by refusing a vote. Although they ultimately lost, they allowed democracy to enter into force. That’s it. They’re doing everything because they decided not to take part in the vote that would have solved the issue. The PR took the ball when he lost and refuses to relinquish control until he wins it back and has again become the overlord of democracy. So who is to blame for the decline of democracy? Nobody!
Now, I think mistakes are being made by those who either seek to put an end to this unjust and anomalous behavior or are trying to manipulate the Constituent Assembly renewal. The last concerns the Constituent Assembly and the renewal of its composition by a third, which must be carried out just in time. [Inciendo, el TC no es un tribunal de justicia y sí debe ser ratificado por los órganos políticos designados por la Constitución, en este caso dos miembros por el Gobierno y dos por el CGPJ]. So no, there is no manipulation or deviation from the norm, control, or anything strange. The government is required to appoint two members and the CGPJ two more.
The PP has been stepping up its efforts at the CGPJ, meaning that the Spanish political party is unwilling to continue to fill courts with judges they appoint. This has caused serious impotence on the CGPJ since it doesn’t have the power it needs to deal with such big organizations. To remedy this, Spain’s current government just sits back and lets things continue as usual
The PP wants to use the government larger than anything conceivable or reasonable, the coalition fighting reform is taking a stand against this, and it’s all because of their plan to appoint a third constitutional one without bothering to make a legal knot. I think that here, the government allows for an underground shell… the government has planned on putting in a new reform of its own when what they need to do is just fulfill its duty of appointing two magistrates and letting those still in evidence be involved with the PP. However, it might not happen that way because I think that here, once the PP gets blackmailed and feared…they’re going to pull off a new legislative trick which isn’t cool and will help out expired conservatives who are still involved with CGPJ that are allowed continued power.
The TC is renewed by a third (four magistrates) and if a full third cannot be appointed, it cannot be renewed.
The argument is flawed because it’s based on the idea that the government should care about whether another state power can make appointments or not and that the two forces of the state must agree to perform their functions. This view ignores that it’s impossible for various powers to agree, as they’re all independent. Furthermore, it’s a lie because when the Constitutional Court was newly created, the CGPJ did not yet exist so the first magistrates were appointed in February 1980, but it wasn’t formally established until July.
So the government will have to appoint two magistrates and leave the capsules behind. The former President of the Constitutional Court, who has since been replaced, has dedicated himself to making it clear to the government that they will sabotage such appointments from the court. It’s nothing since he would be personally interested in doing so. The idea would be to use the president’s two organizational powers to prevent interim judges from being inaugurated. This would be a constitutional deception of the Constitution. A threatening murmur will consist of a message that if Sanchez fulfills its obligation to appoint two judges – otherwise, former President González-Trevijano will not demand a full acceptance until the CGPJ appoints his own – obviously, this would lead to the mandate of those who are appointed not being respected – or else, conservatives on Parliament will refuse to give them a seat in this plenary meeting – another shame because it reveals that procedural rules allow for only for checking whether legal conditions match and not for interpreting what such an appointment does – well, it looks like the government has succumbed too much blame and is about to crash on reforms which might ruin its reform process from which people get something important and interesting – something like history or media. And since Garcia gives you
The CGPJ is not content with this decision and given the inevitability of reforms the current parliament can appoint two members of the TC, but no more than 60 judges, which it no longer needs to do and which it demands to continue to do. The JCP will gather in its plenary meeting to reproach the socialist parliamentary faction for this decision and demand that they consult them.
The PP and the CGPJ are in an all-out war over who will be able to control the process of selecting judges. With the PP and the TC on one side and its liberal opposition on the other, it’s becoming impossible for parties other than theirs to be able to see this through.
You’ll need to take another look at President Nixon. What does Watergate have to do with our democracy? It is the worst mess, a serious mess, in which our democracy is mired. Thus, it is the worst possible scandal because it has happened to us, and we are going to undo it–very soon.
Today, Feihoo upped the ante at a rally in Moscow by saying, “There is only one constitutionalist party left, and that is us.”
The function of law is to provide a moral and ethical system for the general welfare of all social groups. In most cases, laws are created by some type of legislature, which can be one of only two parties: a single party or a parliament.
And therefore, we increase. We go inside.
