El Salvador's president rewrites constitution to allow changes at will

On Wednesday afternoon, the Salvadoran Legislative Assembly ratified changes to the 1983 Constitution that upend the Salvadoran political and legal system. The reforms, fast-track approved with 57 of 60 votes without public comment or parliamentary study by President Nayib Bukele’s party and allies, eliminate the requirement that all constitutional reforms be approved by two legislatures, opening the door for express rewrites without consulting any opposition party or the legislative ballot box. [ . . . ] Yesterday’s reform bypassed constitutional requirements, Supreme Court rulings, and parliamentary procedure. Constitutional experts state that Article 248, which establishes the process to reform the very constitution itself, cannot be amended. The ruling party claims that the change “legitimizes and adds greater rigidity” to the article in question. In any case, the Constitutional Chamber of the Supreme Court had ruled in 2017 that constitutional reforms should be first approved at least six months before the end of a legislative session, following the standard procedure of a first approval by simple majority. The following legislature had to ratify the changes by a two-thirds majority, with windows for public comment and the intervening legislative election as filters. A far cry from the six-month timetable, this fundamental change to constitutional law was first passed on Apr. 30, 2024, the last day of the outgoing legislature, without room for public comment or parliamentary study — and by approving a fast-track process (dispensa de trámite) sending the bill directly to the floor for a vote at the time of proposal.
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