Prospera Declared Unconstitutional
The Honduras Supreme Court has declared charter cities, including Prospera, unconstitutional.
The background: in the mid-2010s, the ruling conservative party wanted charter cities. They had already packed the Supreme Court for other reasons, so they had their captive court declare charter cities to be constitutional.
In 2022, the socialists took power from the conservatives and got the chance to fill the Supreme Court with their supporters. In September, this new Supreme Court said whoops, actually charter cities aren’t constitutional at all. They added that this decision applied retroactively, ie even existing charter cities that had been approved under the old government were, ex post facto, illegal.
Prospera’s lawyers objected, saying that the court is not allowed to make ex post facto rulings. But arguing that the Supreme Court is misinterpreting the Constitution seems like a losing battle - even if you’re right, who do you appeal to?
So the city is pursuing a two-pronged strategy. The first prong is waiting. Prospera is a collection of buildings and people. The buildings can stay standing, the people can still live there - they just have to follow regular Honduran law, rather than the investment-friendly charter they previously used. There’s another election in November, which the socialists are expected to lose. Prospera hopes the conservatives will come in, take control of the Supreme Court again, and then they’ll say whoops, messed it up again, charter cities are constitutional after all.
https://www.astralcodexten.com/p/model-city-monday-2325
