consultation had two other clear objectives: to legitimate the actions of the public organs and to restore the country’s institutional framework. The referendum authorized amendments to the Constitution and, also, constituted the basis for convening a Constituent Assembly.32 45. Some of the questions posed in the referendum were aimed at defining specific contents that would be binding for the Assembly and that would become automatic amendments to the Constitution, as established in the last question.33 Questions 5 to 13 related to the party system and the electoral regime, the composition of the legislature, the election mechanisms for elected office at the local level, the ways that the control bodies should be appointed, the revocation of the mandate of those elected, and issues related to justice. Meanwhile, question 11 asked whether the population agreed that the Superior Council of the Judicature should perform administrative functions, and that its members be appointed by the Supreme Court of Justice. 46. In particular, question 10 referred to judicial independence and to the Supreme Court of Justice (hereinafter “SCJ”): ¿Do you consider it necessary to modernize the Judiciary, reform the system for appointing judges of the Supreme Court of Justice, so that they come from the Judiciary; appointments that are not subject to a fixed term that respect the criteria of professionalization and of the judicial career established by law?34 47. The referendum was held on May 25, 1997, and the answers to all the questions of the consultation were mostly in the affirmative. 35 According to official data published in the official gazette by the Supreme Electoral Tribunal, question 10 was approved with 1,651,162 votes, representing the support of 60.73% of voters.36 2. The Constitution adopted by the National Constituent Assembly in 1998 48. As previously mentioned, the referendum also accepted the creation of a National Constituent Assembly.37 This Assembly was summoned by the approval of a “Special Law for the election of representatives to the National Assembly.”38 The Assembly approved the New Constitution of the Republic of Ecuador, which was published on August 11, 1998.39 49. The new Constitution contained norms to guarantee judicial independence.40 First, it established the principle of the separation of powers and of judicial independence in article 199.41 Second, it determined that, in public law, the public authorities could only do what is 32 Cf. Case of the Supreme Court of Justice (Quintana Coello et al.) v. Ecuador, para. 43. 33 Cf. Case of the Supreme Court of Justice (Quintana Coello et al.) v. Ecuador, para. 44. 34 Cf. Case of the Supreme Court of Justice (Quintana Coello et al.) v. Ecuador, para. 45. 35 Cf. Case of the Supreme Court of Justice (Quintana Coello et al.) v. Ecuador, para. 46. 36 Cf. Case of the Supreme Court of Justice (Quintana Coello et al.) v. Ecuador, para. 46. 37 Cf. Case of the Supreme Court of Justice (Quintana Coello et al.) v. Ecuador, para. 54. 38 Cf. Case of the Supreme Court of Justice (Quintana Coello et al.) v. Ecuador, para. 54. 39 Cf. Constitution of the Republic of Ecuador of August 11, 1998 (file of annexes to the answering brief, tome I, folio 3365). 40 Cf. Constitution of the Republic of Ecuador of August 11, 1998 (file of annexes to the answering brief, tome I, folio 3694). 41 Article 199. The organs of the Judiciary shall be independent in the exercise of their obligations and attributes. No branch of the State may interfere in matters that are inherent in the functions of the Judiciary. 16