CIPR | Center For Inter-American Policy & Research

Tulane University

Rules That Bind Us

By Ludovico Feoli

The standoff presently underway in Venezuela regarding the treatment of constitutional precepts in light of President Chavez’ illness poses a larger question for regional democracy and the rule of law: how much do rules bind us? The credibility of our laws hinges on the certainty that they will take precedent over individual whims and that, failing this they will be enforced by third parties. However, events underway suggest that the authorities entrusted with this responsibility may lack the necessary autonomy to carry it through, making the separation and balance of powers questionable. And Venezuela is not the only example. Honduras, El Salvador, and even Costa Rica have had recent constitutional crises that raised similar questions, although their resolutions varied.

Hugo Chávez, democratically elected by a significant majority of Venezuelans, was set to take power on January 10, 2013 but he lies ill in Havana and is unable to appear at his inauguration. While the Constitution establishes that in such circumstances the head of Congress should take over temporarily and, if the absence is permanent, call new elections, the Venezuelan Supreme Court of Justice interpreted that Chavez’ reelection established the “administrative continuity” of the Executive, rendering a new inauguration “unnecessary”. Hence, the Court effectively reinterpreted the election as a renewal of the previous administration, rather than the start of a new constitutional period. This brushes aside the question of whether the president’s absence is temporary or permanent. It also obviates due process, which first calls for the investiture of the president and then for the appointment of the cabinet. Rules do not seem to bind.

Last December, the Honduran Congress fired four of the five magistrates on its Constitutional Court. The proximate cause was a vote by the magistrates, which a congressional investigative commission decided was extemporaneous. However, critics argue that the magistrates were purged for their decisions, which being contrary to the interests of the executive angered the President and generated a reprisal. The removal, en masse, of Supreme Court justices because of the content of their decisions is a gross violation of the principle of separation of powers. Without respect, on the part of the Executive, for the principle of judicial autonomy, there is little hope for the rule of law. Rules do not seem to bind.

El Salvador suffered its own constitutional crisis last summer. Similarly to the Honduran case, Constitutional Court decisions angered political actors due to their effects on their interests. In the case of the Executive, a Court decision limited the use of unsupervised discretionary funds. In the case of political parties, another decision allowed candidates to run independently, weakening the authority of party structures. Political jockeying to control the balance of power in the Court led to a spate of nominations late in the congressional period that ended in April 2012. The Constitutional Court ruled these appointments unconstitutional on the basis that the law only allows each Congress the approval of a single set of justices per term. Rather than accepting the ruling, the majority coalition in Congress challenged it before the Central American Court of Justice, a body whose authority has long been subject to debate. The justices in question also sought to retain their seats, so that two groups of magistrates claimed to be the legitimate representatives of the Court, creating a situation of institutional uncertainty. The crisis was eventually resolved, fortunately, through political means, but not without damaging the credibility of democratic institutions. Neither Congress nor the questioned appointees were bound by the rules that make the Constitutional Court the ultimate arbiter of the Constitution.

A short-lived conflict also took place in Costa Rica during 2012 when legislators voted not to renew a Constitutional Court magistrate in his post. The act was not outside the purview of the legislature’s competence, although some procedural aspects remain open to question. What generated the crisis were remarks by some deputies that starkly showed the political intent of their decision. The legislature was seeking to “discipline” the Court, renowned for its activism, by signaling that it would punish those magistrates that refused to be compliant. Congressional representatives were not bound by the rules of judicial autonomy and the separation of powers. However, the outcry that emerged and the prompt resolution of the crisis drove the heads of the executive, legislative, and judiciary powers to issue a joint proclamation reaffirming the relevance of those very rules, reminding everyone of the principle that rules should bind us.

These examples show that formal rules are not enough in our region’s progress towards democracy. They must be subject to credible enforcement and they must be accepted and internalized by political actors.


  • Ludovico Feoli

    Executive Director - Center for Inter-American Policy & Research





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Chantalle Verna to Present Research on U.S. and Haitian Relationships in Post-Occupation Haiti

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Join us at the Stone Center for Latin American Studies in welcoming Dr. Chantalle Verna for a talk on her book Haiti and the Uses of America: Post- U.S. Occupation Promises on April 26, 2018, at 6:00 PM.

In her book, Dr. Verna makes evident that there have been key moments of cooperation that contributed to nation-building in both countries. Dr. Verna emphasizes the importance of examining the post-occupation period: the decades that followed the U.S. military occupation of Haiti (1915-34) and considering how Haiti’s public officials and privileged citizens rationalized nurturing ties with the United States at the very moment when the two nations began negotiating the reinstatement of Haitian sovereignty in 1930. Their efforts, Dr. Verna shows, helped favorable ideas about the United States, once held by a small segment of Haitian society, circulate more widely. In this way, Haitians contributed to and capitalized upon the spread of internationalism in the Americas and the larger world.

Dr. Verna received her Ph.D. from Michigan State University and is currently a professor in the History Department in Florida International University’s School of International and Public Affairs. Dr. Verna focuses on the culture of foreign relations, specifically concerning Haiti and the United States during the mid-twentieth century.

Apply for the Teaching Cuban Culture & Society: A Summer Educator Institute in Cuba

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Teaching Cuban Culture & Society: A Summer Educator Institute in Cuba
Havana, Cuba | June 23 – July 7, 2018
Program Application
Application Deadline: March 2, 2018

Tulane University’s Stone Center for Latin American Studies and the Cuban and Caribbean Studies Institute at Tulane University join forces with the University of Wisconsin-Milwaukee’s Center for Latin American & Caribbean Studies to take K-16 educators to Cuba. This is our fourth year running the Cuban Culture & Society K-16 Educator Institute and we are excited about this year’s itinerary. The institute will approach Cuban society and culture form a multidisciplinary perspective focused on the arts, the geography, and history of the country. Innovative programming and annual summer teacher institutes over the past three years provide the benefits of an interdisciplinary approach to teaching and studying the region. Taking advantage of Tulane’s relationship with the University of Havana and Cuba’s National Union of Writers and Artists, the institute equips teachers with multidisciplinary content, curricular resources, and methods of inquiry for developing that approach in their K-16 classrooms. Conducted in English by Professor Carolina Caballero, the institute will explore current trends and issues in Cuban culture and society through readings, films, and lectures. The program includes a series of talks by prominent Cuban intellectuals and local field trips to important political and cultural sights throughout Havana.

This two-week program provides the unique opportunity to work on developing lesson plans while exploring the sights and sounds of a nation and country that remain obscured behind political rhetoric and misinformation. Recent economic changes on the island have provoked a series of social and cultural transformations that have left Cubans and the entire world wondering what could be next for the island and the Revolution. Don’t miss the chance to witness some of these challenges and triumphs firsthand and get the opportunity to bring your experience back to your students in the classroom.

The trip will include a pre-departure orientation and two weeks in Cuba. The institute incorporates visits to local museums and exposes participants to arts organizations, schools, and teachers from the country’s national literacy campaign. Participants will stay within walking distance of the Malecón, the university, and many cultural venues. There will be group excursions to the historic Che Guevara monument, a visit to the site of the Bay of Pigs invasion, and a special visit to the town of Hershey, the town developed by Milton Hershey to begin his chocolate enterprise with the sugar from Cuba’s plantations. There will also be group excursions to the historic cities of Trinidad and Cienfuegos, Playa Girón, and Viñales, focusing on their role in the development of the economy and culture of the country

The cost will include a shared room and two meals a day, medical insurance, airfare to/from Havana from Tampa, Florida*, airport transportation in Havana to/from residence, OFAC-licensed academic visa, and specialized tours and outings.

*Airfare to/from Tampa, Florida, a one-night hotel stay in Tampa, incidental costs, and extra meals and expenses are not included in the program cost. You are responsible for your own air flight to/from Tampa, FL.

Those interested in applying must be a K-16 educator or librarian. There is no Spanish language requirement for this program. The application deadline is March 2, 2018, at 5:00 PM.

Please note: This program is only open to K-16 educators who are currently teaching, are pre-service teachers or are serving in a school or public library.

Please be advised that this itinerary is subject to change based on availability in Cuba. The itinerary below is the schedule from the 2017 institute.

  • Day 1 – U.S./HAVANA, CUBA
    Depart from Tampa, FL, Upon arrival, enjoy dinner and a welcome reception followed by an informal walk and people watching on the Malecón.
  • Day 2 – HAVANA
    Habana Vieja (Old Havana) Tour with local preservation experts to discuss in depth the history of local landmarks, historical preservation efforts, and future plans. Visit Muraleando Lawton, a community art project in the Lawton neighborhood of Havana. Hear from the founders of this project on how the neighborhood developed to promote skills in the community and support the local economy and meet with local community leaders, students and elderly folks at the community center.
  • Day 3 – HAVANA
    Lecture with Professor Carlos Alzugaray on Cuba Since the Special Period. Visit the elementary school Sergio Luis Ferriol in Habana Vieja. Connect with teachers and administrators about their experiences in the classroom.
  • Day 4 – HAVANA
    Visit the Museo Nacional de la Alfabetización (National Museum of the Literacy Campaign) and connect with members of the literacy brigade, teachers from the literacy campaign.
  • Day 5 – HAVANA
    Visit and explore Ernest Hemingway’s house. Have lunch in the infamous fishing village of Cojimar. In the afternoon, explore art by taking a tour of the Cuban Collection of the Museo Nacional de Bellas Artes accompanied by a curator then visit with artists at the Taller de Gráfica.
  • Day 6 – HERSHEY
    Day trip to the Hershey, Cuba and nature park. The site where famous chocolatier Milton Hershey developed his chocolate business by setting up sugar mills in the early 1900’s. Explore the natural side of Cuba in this country town.
  • Day 7 – HAVANA
    Learn about children’s literature and the book publishing business in Cuba by visiting Cuba’s national publisher UNEAC and hear first hand from children’s book authors. We will hear from children’s book author Olga Marta Pérez about the children’s/ youth Literacy Scene in Cuba today.
  • Day 8 – HAVANA/REGLA
    Take the ferry across the bay in Havana to the town of Regla to learn about Afro-Cuban dance and music from musicologist Cari Diez and an Afro-Cuban dance performance group.
    Travel to Trinidad via Santa Clara, a town founded by 175 people on July 15, 1689. It is the site of the last battle in the Cuban Revolution in 1958. Visit to the Che Mausoleum in Santa Clara. Also visit the historic sugar plantation of Manaca Iznaga before arriving in Trinidad.
  • Day 10 – TRINIDAD
    Explore this UNESCO World Heritage site, founded on December 23, 1514 by Diego Velázquez de Cuellar. Trinidad was a central piece of Cuba’s sugar-based economy. Guided city tour with the city historian. Visit the Trinidad library to learn about the importance of libraries and debate questions of intellectual freedom with the staff.
  • Day 11 – PLAYA GIRON (SITE OF BAY OF PIGS) Ciénega de Zapata, Playa Larga
    Day excursion to the historic site of the Bay of Pigs, one of the landing sites for the 1961 US-backed invasion. Visit the Finca Fiesta Campesina farm, the Playa Girón museum, the Parque Ciénaga de Zapata, the Laguna del Tesoro, and the Taino Indian village. Snorkel in the Bay of Pigs!
  • Day 12 – HAVANA
    Visit the U.S. Embassy and hear first-hand about the state of current relations between the U.S. and Cuba. In the afternoon, we head over to meet up with the famous hip-hop group, Obsesión to hear about their music and experience as hip-hop artists in Cuba.
    Take a day trip to Matanzas, the capital of the Cuban province of Matanzas. Known for its poets, culture, and Afro-Cuban folklore, we will explore the Triunvirato Plantation and the Castillo San Severino where we will hear about the history of slavery in Cuba. The rest of the afternoon we relax and explore the beautiful beaches of Varadero, a popular resort town covering Cuba’s narrow Hicacos Peninsula.
  • Day 14 – HAVANA
    Wrap-up curriculum workshop followed by a free afternoon ending in a celebratory dinner.
  • Day 15 – HAVANA/U.S.
    Morning departure for the U.S.

Explore our past trips through these photos and curricula:

Program Application

For more information, please contact Denise Woltering-Vargas at or call the Stone Center for Latin American Studies at 504-862-3143.