ben
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- Feb 17, 2011
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You're right that it is not a normal situation. In fact, this wouldn't have been a crisis if Cristina hadn't been showing her arrogance at trying to control everything up to Macri's assumption of power itself (which she, as a president, had no right to determine - she's not the law, she's not the constitution and she had no business trying to control this).
However, I can see how Macri could easily change this in the future, create precedence and tranquility that follows the recent ruling by the judge on when the sitting president's mandate takes place.
When Macri hands over the reigns to the next president, he can work with that president elect to determine where that person would like to take the oath and receive his or her "objects of limited power" and then they can center the swearing of the oaths and passing of said objects on midnight. Maybe even the new guy can start the precedent of a midnight ball to celebrate his or her assumption of power.
Just takes some clear heads with the will to negotiate and compromise. I'd think such a precedent set in the next hand-over would be very hard to break as well, given that ruling on the ending of the president's power and the near-certain lack of desire for Argentinos to have some 12+ hours without a president.
Personally, I'd like a law - though not sure the legislature can "clarify" the intent of the Constitution in such a case - that would a) clarify that the transfer of power takes place upon taking the oath of office; b ) clarifying the details of the transfer (say, that it be at the Casa Rosada, or designating a rulebook that cannot be revised on the fly without some thought); c) stipulating that the details in B may be modified upon agreement of both the outgoing and incoming administrations.
That might fix what was the problem here, without resorting to creating strange and dubious legal situations.