Post-Earthquake Constitutional Analysis of the Interruption of the Legislative and Executive Powers in Haiti

Executive Summary

Due to the earthquake on January 12, 2010, elections for the members of the House of Representatives and one third of the Senate scheduled for February 28 and April 4, 2010, were canceled. As a result, Haiti will have no legislative power as of May 8, 2010. There will be a rupture in the constitutional order.

The disappearance of the legislative power will have a crucial impact on the political and constitutional stability of the Republic of Haiti. In addition to the inability to pass laws, it might also bring a serious disruption in the functioning of the State:

• Inability to replace the President of the Republic and the Prime Minister in case of vacancy of their office - one must already understand the immediate vulnerability of the State and that such disruption would be fatal to its functioning - and to replace a member of the CEP after the office of the Presidency has become vacant
• No more budgetary credits starting as of October 1, 2010, due to the absence of emergency measures during the period between the two Legislatures
• Weakened control on the actions of the government due to the Senate not having any real power of constraint, and possibly, the support to do so

In short, all conditions for a total and complete dysfunction of the Haitian State are met.

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