Nevertheless, this is far from what President Zelaya attempted to do in Honduras the past Sunday and which the Honduran political/military elites disliked so much.
President Zelaya intended to perform a non-binding public consultation, about the conformation of an elected National Constituent Assembly. To do this, he invoked article 5 of the Honduran “Civil Participation Act” of 2006.
According to this act, all public functionaries can perform non-binding public consultations to inquire what the population thinks about policy measures. This act was approved by the National Congress and it was not contested by the Supreme Court of Justice, when it was published in the Official Paper of 2006. That is, until the president of the republic employed it in a manner that was not amicable to the interests of the members of these institutions.
Furthermore, the Honduran Constitution says nothing against the conformation of an elected National Constituent Assembly, with the mandate to draw up a completely new constitution, which the Honduran public would need to approve. Such a popular participatory process would bypass the current liberal democratic one specified in article 373 of the current constitution, in which the National Congress has to approve with 2/3 of the votes, any reform to the 1982 Constitution, excluding reforms to articles 239 and 374.
This means that a perfectly legal National Constituent Assembly would have a greater mandate and fewer limitations than the National Congress, because such a National Constituent Assembly would not be reforming the Constitution, but re-writing it. The National Constituent Assembly’s mandate would come directly from the Honduran people, who would have to approve the new draft for a constitution, unlike constitutional amendments that only need 2/3 of the votes in Congress.
This popular constitution would be more democratic and it would contrast with the current 1982 Constitution, which was the product of a context characterized by counter-insurgency policies supported by the US-government, civil façade military governments and undemocratic policies. In opposition to other legal systems in the Central American region that (directly or indirectly) participated in the civil wars of the 1980s, the Honduran one has not been deeply affected by peace agreements and a subsequent reformation of the role played by the Armed Forces.