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Sunday, August 31 2014 @ 06:32 AM EDT

Molino Mola - The Supreme Court Decision On The Fifth Chamber Was Political

Law & LawyersThe former Supreme Court magistrate Edgardo Molino Mola said the Supreme Court decision declaring the law on the Fifth Chamber unconstitutional was a political decision. "That ruling had no acceptable legal basis, and I think they wanted to revive the Fifth Chamber, so this situation should be given a political treatment," he said.

He argued if President Martinelli repeals the law which created the Fifth Chamber, as was done by the former president Mireya Moscoso, then it will also be declared unconstitutional, and the Fifth Chamber will be revived again. He said the appointment of judges to the Fifth Chamber were never perfected because they must be approved by the National Assembly, so the President should revoke this decision.

"I think if the Assembly can create a new Chamber through a law, then they can remove one with a law," he told RPC Radio. He thinks what the country needs is a Constitutional Court and an Evaluation Commission to to tell the president what magistrates he can name.

During the administration of the former president Mireya Moscoso the National Assembly passed Law 49 which repealed Law 32, which created the Fifth Chamber.

Editor's Comment: The solution here is obvious. In any democracy the fundamental issues such as the formation of the Supreme Court, how many justices are on that court, and how those justices are appointed and approved should be enshrined in the Constitution. Could you imagine the US Congress passing a law to expand the US Supreme Court to twelve justices? It should be a ludicrous concept, but the problem stems from one simple fact. This entire idea was created by a power hungry egotistical PRD politician - Ernesto "El Toro" Perez Balladares. He tried everything possible to remain in power, although he was only elected with 33% of the vote. (Second place Moscoso with 29%, third place Ruben Blades with 17%, fourth place Rubén Dario Carles with 16%, fifth place Eduardo Vallarino with 2%, and there were two other "also ran" candidates.) Balladares forced a national referendum in order to try to allow for his reelection - and unsurprisingly he lost by a margin of 2 to 1. Then they tried this "Fifth Chamber" idea in a "too little, too late" attempt to steal it through the back door. As soon as Mireya Moscoso won the election in 1999 they passed Law 49 which repealed Law 32, and took the idea of the Fifth Chamber back out of play. But then in 2010 the Supreme Court decided that Mireya Moscoso's law 49 was unconstitutional, which meant Law 32 was once again valid, and the Fifth Chamber came back to life. Martinelli simply could not resist the big, fat, dripping temptation of another expansion of power, so he went for it, and that was a mistake. He's been struggling on the twin horns of a dilemma ever since. He want's it, and it's right there, but he just can't get there while also ensuring a CD win in 2014. In my opinion they should stop screwing around with this - it was a bad idea in the first place and it's a bad idea now - and if there's a need to expand the Supreme Court then it should be done through a modification to the Constitution. Hey, here's an idea. Martinelli can go back to just leaving the Fifth Chamber sitting there like it is now, and basically ignore it. Then wait to see what happens in the May 2014 general elections. If the CD wins, then fine and no problem, because by 2019 they will have appointed all nine justices on the Supreme Court. But if the CD loses then Martinelli can appoint the three Fifth Chamber justices as a lame duck president, flip it to the National Assembly, flip the nation the bird, and hop on his private jet for Italy. Man, would that be "loco" enough for 'ya? I love this scenario. What fun. This place would go crazy...

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