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[[Image:VERY awesome flag.PNG|125px]] | [[Image:VERY awesome flag.PNG|125px]] | ||
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+ | ==<center>'''TITLE I'''</center>== | ||
+ | <center>Sole Chapter<br><u>Fundamental Statements</u></center> | ||
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+ | <u>Article 1.</u> The Republic of _____ is irrevocably and forever free and independent from any domination or protection by a foreign power. | ||
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+ | <u>Article 2.</u> It shall never be the patrimony of any person or of any family. | ||
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+ | <u>Article 3.</u> The government of the Republic of _____ is and always shall be democratic, representative, responsible, and alternating. | ||
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+ | <u>Article 4.</u> Political power resides in the people, who exercise it directly through election, initiative, and referendum, and indirectly through their representatives in the government of the State. | ||
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+ | <u>Article 5.</u> No person or assembly of persons has authority to arrogate the title or representation of the people, to usurp its rights, or to make demands in its name. Violation of this precept constitutes a crime. | ||
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+ | <u>Article 6.</u> The government of the Republic is exercised by the legislative branch, the executive branch, the judicial branch, and the electoral branch. | ||
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+ | <u>Article 7.</u> In the organization of the powers and institutions of the State, the principle of minority representation is established. | ||
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+ | <u>Article 8.</u> The branches of the government shall function harmoniously in accomplishing the aims of the State. In the exercise of their particular functions, they are limited and independent. | ||
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+ | <u>Article 9.</u> No magistracy, or person, or assembly of persons, not even under the pretext of extraordinary circumstances, is empowered to assume any other authority or rights than those that have been expressly conferred upon them by the laws. Every act in contravention of this article is void. | ||
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+ | <u>Article 10.</u> Spanish is the national and official language of the State. | ||
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+ | <u>Article 11.</u> The State has no official religion. | ||
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+ | <u>Article 12.</u> The city of _____ is the capital of the Republic and the permanent seat of the branches of the government. | ||
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+ | <u>Article 13.</u> This Constitution is the supreme law of the Nation. The treaties, conventions, and other international agreements ratified and exchanged, and the laws, make up the national positive law, in the order of precedence in which they are listed. | ||
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+ | <u>Article 14.</u> The Republic recognizes the principles of international law; it condemns wars of aggression or of conquest and any form of colonialism or imperialism; it accepts the pacific settlement of international disputes by juridical means; and it proclaims its respect for human rights and the sovereignty of peoples. It hopes to live in peace with all nations and to maintain friendly cultural and trade relations with them on the basis of juridical equality, of nonintervention in internal affairs, and of the self-determination of peoples. The Republic may become a party to international multilateral systems of development, cooperation, and security. | ||
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+ | <u>Article 15.</u> Navigation on the international rivers is free to ships of all flags. It shall also be free on internal rivers, subject to any regulations issued by the competent authority. | ||
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+ | <u>Article 16.</u> The principles, guarantees, rights, and obligations established in this Constitution may not be altered by the laws that regulate their exercise. Any law, decree, regulation, or other act of authority that is contrary to its provisions is null and void. | ||
==<center>'''TITLE II'''</center>== | ==<center>'''TITLE II'''</center>== | ||
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<br>(5) Those born aboard _____ aircraft or seacraft, outside the jurisdiction of another State, with the exception established in paragraph (1) of this Article. | <br>(5) Those born aboard _____ aircraft or seacraft, outside the jurisdiction of another State, with the exception established in paragraph (1) of this Article. | ||
- | <u>Article 42.</u> | + | <u>Article 42.</u> The following are _____ by naturalization: |
- | (1) | + | (1) Foreigners who obtain certificates of naturalization from the Ministry of Foreign Relations; |
- | <br>(2) | + | <br>(2) A foreign woman who marries a _____ man and has or establishes her domicile within the national territory; and |
- | <br>(3) | + | <br>(3) Foreign infants legally adopted by _____. |
- | <u>Article 43.</u> | + | <u>Article 43.</u> Neither marriage nor its dissolution shall affect the nationality of the spouses or their children. |
<u>Article 44.</u> _____ nationality is lost: | <u>Article 44.</u> _____ nationality is lost: | ||
(1) By voluntary naturalization in a foreign country. A native _____ who loses it in this way shall recover his _____ nationality if at any time he returns to _____; | (1) By voluntary naturalization in a foreign country. A native _____ who loses it in this way shall recover his _____ nationality if at any time he returns to _____; | ||
- | <br>(2) By | + | <br>(2) By cancelation of the certificate of naturalization; |
<br>(3) By the voluntary absence of a naturalized _____ from the territory for more than five consecutive years, unless he shows that he has remained bound to the country; | <br>(3) By the voluntary absence of a naturalized _____ from the territory for more than five consecutive years, unless he shows that he has remained bound to the country; | ||
- | <br>(4 | + | <br>(4) When naturalized persons are convicted of treason against the country or they propagate political doctrines or ideologies that tend to destroy the republican or democratic form of government. In such cases, nationality may not be recovered. |
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The law shall regulate all matters pertaining to naturalization. | The law shall regulate all matters pertaining to naturalization. | ||
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<u>Article 45.</u> No naturalized _____ may carry out, on behalf of _____, diplomatic functions in his country of origin. | <u>Article 45.</u> No naturalized _____ may carry out, on behalf of _____, diplomatic functions in his country of origin. | ||
- | <u>Article 46.</u> | + | <u>Article 46.</u> The obligations of _____ are: |
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+ | (1) To comply with and obey this Constitution and the laws, as well as the decrees, resolutions, and other acts of authority that, in the exercise of their functions, the legitimate organs of the public powers may enact; | ||
+ | <br>(2) To honor and defend the fatherland, and to safeguard and protect the interests of the Nation; | ||
+ | <br>(3) To see that their children or wards, under fifteen years of age, attend public or private schools to obtain primary education during the time prescribed by the General Law on Public Education; | ||
+ | <br>(4) To earn their living through a lawful activity; | ||
+ | <br>(5) To contribute with their work to the overall development of the nation and its spiritual, moral, material, and cultural aggrandizement; and | ||
+ | <br>(6) To contribute to the public expenditures in the proportional and equitable manner provided by law. | ||
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+ | <u>Article 47.</u> _____ shall have priority over foreigners under equality of circumstances for all classes of concessions and for all employment, positions, or commissions of the Government in which the status of citizenship is not indispensable. In time of peace no foreigner can serve in the National Guard nor in the police or public security forces. | ||
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+ | <u>Article 48.</u> _____ cannot demand indemnity from the state for injuries to their person or property caused by acts that were not performed by legitimate officials in the exercise of their functions. | ||
<center>Chapter II<br><u>Foreigners</u></center> | <center>Chapter II<br><u>Foreigners</u></center> | ||
- | <u>Article | + | <u>Article 49.</u> Foreigners are those who do not possess the qualifications set forth in Articles 41 and 42. |
- | <u>Article | + | <u>Article 50.</u> Foreigners enjoy in _____ all the civil rights and guarantees that are granted to _____, with the restrictions established by law. |
They are bound to obey the laws, to respect the authorities, and to pay all the regular and special taxes to which _____ are subject. | They are bound to obey the laws, to respect the authorities, and to pay all the regular and special taxes to which _____ are subject. | ||
- | <u>Article | + | <u>Article 51.</u> Foreigners are prohibited from intervening, directly or indirectly, in the national or international political activities of the country. |
For violating this provision, without prejudice to any liability that may be incurred, they may be expelled without trial by the President of the Republic in Council of Ministers, unless the foreigner has a _____ spouse or a child by a _____, recognized prior to the events that led to the expulsion. | For violating this provision, without prejudice to any liability that may be incurred, they may be expelled without trial by the President of the Republic in Council of Ministers, unless the foreigner has a _____ spouse or a child by a _____, recognized prior to the events that led to the expulsion. | ||
- | <u>Article | + | <u>Article 52.</u> Foreigners may not make claims or demand indemnification of any kind from the State except in the cases and in the manner in which Nicaraguans may do so. |
- | <u>Article | + | <u>Article 53.</u> The rules and conditions for the expulsion of foreigners from national territory, as well as the cases in which they may be denied the right to enter or remain in the country, shall be determined by law. |
- | <u>Article | + | <u>Article 54.</u> Foreigners may not resort to diplomatic channels except in case of denial of justice. The fact that a decision is unfavorable to the claimant is not to be understood as a denial of justice. Those who violate this provision shall lose the right to reside in the country. |
- | <u>Article | + | <u>Article 55.</u> Foreigners may not be extradited for political crimes or for common crimes related thereto. The characteristics of each type are determined by law and treaties. |
<center>Chapter III<br><u>Citizenship</u></center> | <center>Chapter III<br><u>Citizenship</u></center> | ||
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<br>(3) _____ under eighteen years of age who have completed secondary education. | <br>(3) _____ under eighteen years of age who have completed secondary education. | ||
- | <u>Article 57.</u> The | + | <u>Article 57.</u> The following are prerogatives of citizens: |
- | (1) | + | (1) To vote in popular elections; |
- | <br>(2) | + | <br>(2) To be voted for, for all offices subject to popular election, and to be appointed to any other employment or commission, if they have the qualifications established by law; |
- | <br>(3) | + | <br>(3) To associate together to discuss the political affairs of the country; |
- | <br>(4) | + | <br>(4) To bear arms in the National Guard in the defense of the Republic and its institutions, under the provisions prescribed by law; and |
- | + | <br>(5) To exercise in all cases the right of petition. | |
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- | <br>( | + | |
- | + | <u>Article 58.</u> The following are obligations of citizens: | |
- | + | (1) | |
- | + | ==<center>'''TITLE IV'''<br><u>Rights and Guarantees</u></center>== | |
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- | ==<center>'''TITLE IV'''<br><u> | + | |
<center>Chapter I<br><u>Individual Rights</u></center> | <center>Chapter I<br><u>Individual Rights</u></center> | ||
- | <u>Article | + | <u>Article.</u> The inhabitants of the Republic have the right of protection in the enjoyment of life, honor, liberty, security, labor, and property. No one may be deprived of these rights except in conformity with laws which may be enacted for reasons of general interest. |
<u>Article.</u> Human life is inviolable. However, the death penalty is established for the following crimes: high treason committed during a war against a foreign enemy; serious crimes of a purely military nature, and crimes of murder, patricide, or arson or robbery followed by death, and accompanied by serious circumstances determined by law. | <u>Article.</u> Human life is inviolable. However, the death penalty is established for the following crimes: high treason committed during a war against a foreign enemy; serious crimes of a purely military nature, and crimes of murder, patricide, or arson or robbery followed by death, and accompanied by serious circumstances determined by law. | ||
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<u>Article.</u> Private papers, letters, and telegraph, telephone, and cable communications, or communications of any other type are inviolable. They may not be searched, examined, or intercepted unless by judicial order for specific cases. Accounting records, vouchers and documents shall be subject to inspection and control only by competent authorities and in accordance with the law. Domestic and private matters that have no bearing on the acts under investigation shall be kept secret at all times. | <u>Article.</u> Private papers, letters, and telegraph, telephone, and cable communications, or communications of any other type are inviolable. They may not be searched, examined, or intercepted unless by judicial order for specific cases. Accounting records, vouchers and documents shall be subject to inspection and control only by competent authorities and in accordance with the law. Domestic and private matters that have no bearing on the acts under investigation shall be kept secret at all times. | ||
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<u>Article.</u> Freedom of thought and of opinion are guaranteed on equal terms to all inhabitants of the Republic. It is forbidden to preach hatred or class struggle among _____, or to defend crime or violence. The laws may be criticized freely, but no one may proclaim disobedience to their provisions. | <u>Article.</u> Freedom of thought and of opinion are guaranteed on equal terms to all inhabitants of the Republic. It is forbidden to preach hatred or class struggle among _____, or to defend crime or violence. The laws may be criticized freely, but no one may proclaim disobedience to their provisions. | ||
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<u>Article.</u> The enumeration of the rights and guarantees contained in this Constitution shall not be construed as denying others, not specifically mentioned therein, that are inherent in the human being. Absence of a regulatory law shall not be invoked to deny or impair any right or guarantees. | <u>Article.</u> The enumeration of the rights and guarantees contained in this Constitution shall not be construed as denying others, not specifically mentioned therein, that are inherent in the human being. Absence of a regulatory law shall not be invoked to deny or impair any right or guarantees. | ||
- | <center>Chapter II | + | <center>Chapter II<br><u>Economic Rights</u></center> |
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<u>Article.</u> The State shall promote economic development by means of the rational utilization of the resources available for the purpose of promoting vigorous growth of the national economy, creating new sources of work and wealth, and ensuring the general welfare. Development shall be promoted on the basis of overall programs founded upon principles of social justice that assure to all persons an existence that is compatible with human dignity. | <u>Article.</u> The State shall promote economic development by means of the rational utilization of the resources available for the purpose of promoting vigorous growth of the national economy, creating new sources of work and wealth, and ensuring the general welfare. Development shall be promoted on the basis of overall programs founded upon principles of social justice that assure to all persons an existence that is compatible with human dignity. | ||
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<u>Article.</u> Capital as a factor in development should serve an economic and social purpose in harmony and mutual cooperation with labor. The State shall promote the formation and consolidation of national capital and shall favor the investment of foreign capital in productive activities, as a supplement necessary for national development. | <u>Article.</u> Capital as a factor in development should serve an economic and social purpose in harmony and mutual cooperation with labor. The State shall promote the formation and consolidation of national capital and shall favor the investment of foreign capital in productive activities, as a supplement necessary for national development. | ||
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==<center>'''TITLE V'''<br><u>The Legislative Branch</u></center>== | ==<center>'''TITLE V'''<br><u>The Legislative Branch</u></center>== | ||
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<u>Article.</u> The legislative power shall be exercised by a Congress composed of two chambers: the Chamber of Deputies and the Senate. | <u>Article.</u> The legislative power shall be exercised by a Congress composed of two chambers: the Chamber of Deputies and the Senate. | ||
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+ | <u>Article.</u> In elections of deputies and senators a method shall be used, that, in practice, will result in giving an effective proportionality in representation to opinions and to political parties. | ||
<u>Article.</u> Deputies and senators represent the nation and are not subject to any imperative mandate. | <u>Article.</u> Deputies and senators represent the nation and are not subject to any imperative mandate. | ||
- | <u>Article.</u> Deputies and senators, and their alternates, shall hold office for | + | <u>Article.</u> Regular elections for members of Congress shall be held simultaneously with those for President of the Republic. |
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+ | <u>Article.</u> Deputies and senators, and their alternates, shall be elected to hold office for five years, and may be reelected. | ||
<u>Article.</u> In being sworn into the chambers, the deputies and senators shall take an oath to fulfill their offices faithfully and patriotically, and to act in every respect in conformity with the provisions of this Constitution. | <u>Article.</u> In being sworn into the chambers, the deputies and senators shall take an oath to fulfill their offices faithfully and patriotically, and to act in every respect in conformity with the provisions of this Constitution. | ||
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<br>(3) Those who administer or have administered or collected national, departmental, or municipal funds, until their accounts have been settled; | <br>(3) Those who administer or have administered or collected national, departmental, or municipal funds, until their accounts have been settled; | ||
<br>(4) Those who are part of an enterprise that operates a public service or has obtained a concession from the government, or those who are attorneys, representatives, or advisers of such an enterprise; | <br>(4) Those who are part of an enterprise that operates a public service or has obtained a concession from the government, or those who are attorneys, representatives, or advisers of such an enterprise; | ||
- | <br>(5) | + | <br>(5) Those who are members of the clergy; and |
<br>(6) Those whose citizenship rights are suspended. | <br>(6) Those whose citizenship rights are suspended. | ||
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They may also be members of technical or scientific commissions, hospital directors or physicians, lawyers or counselors of any state institution or agency of the executive branch. | They may also be members of technical or scientific commissions, hospital directors or physicians, lawyers or counselors of any state institution or agency of the executive branch. | ||
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+ | This prohibition likewise does not apply to holding the position of Minister of State. | ||
<u>Article.</u> A deputy or senator who absents himself from the country for more than thirty days without permission of the chamber to which he belongs, or in the recess thereof, of its president, shall cease to hold his office. Special laws alone can authorize an absence of more than a year. | <u>Article.</u> A deputy or senator who absents himself from the country for more than thirty days without permission of the chamber to which he belongs, or in the recess thereof, of its president, shall cease to hold his office. Special laws alone can authorize an absence of more than a year. | ||
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<u>Article.</u> Congress in separate session has the following powers: | <u>Article.</u> Congress in separate session has the following powers: | ||
- | + | 1) To enact codes and other laws, amend them, or repeal them, based on this Constitution; | |
- | <br> | + | <br>2) To examine infractions of the Constitution and do what is necessary in order to make effective the responsibility of those who infringe it; |
- | + | <br>3) To establish the political division of the territory of the Republic and the municipal organizations; | |
- | <br> | + | <br>4) To enact the electoral law; |
- | <br> | + | <br>5) To declare and specify the duration of a state of economic emergency whenever abnormal circumstances of the country so demand. |
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- | + | Such a declaration of emergency shall suspend, if so ordered, any or all guarantees set forth in Article 65. | |
- | < | + | The laws enacted by the legislative branch on the basis of this declaration or during its recess by the executive branch may not be in force to the detriment of stated constitutional guarantees longer than the time fixed by the corresponding decree; |
+ | <br>6) To take cognizance of the decree-laws issued by the executive branch in the event of emergency or public necessity; | ||
+ | <br>7) To approve or reject the treaties, conventions, concordats, and other international agreements signed on behalf of the Republic, and to authorize the executive power to declare war and conclude peace; | ||
+ | <br>8) To enact laws pursuant to which captures on sea and land must be declared good or bad; and to enact maritime laws applicable in peace and war; | ||
+ | <br>9) To enact each year the law on the General Budget of the Nation; | ||
+ | <br>10) To recognize the national debt and indicate the means for its consolidation and amortization; | ||
+ | <br>11) To levy the necessary taxes to meet budgetary expenditures, provide for their distribution, collection and appropriation, and to repeal, modify, or increase those in existence; | ||
+ | <br>12) To regulate commerce with foreign nations; | ||
+ | <br>13) To create or abolish public employments, to determine or to modify their attributes, to increase or diminish their salaries, to grant pensions and to decree public honors to those rendering distinguished services. Laws granting pensions must be passed by a vote of two-thirds of the members present in each chamber; | ||
+ | <br>14) To specify the functions of government employees and indicate the territorial jurisdictions in which they are to be exercised; | ||
+ | <br>15) To establish tribunals and regulate the administration of justice and of contentious-administrative matters; | ||
+ | <br>16) To establish mints, fix the content, weight, type and the denomination of the currency, to determine the value of foreign currencies, and to adopt a general system of weights and measures; | ||
+ | <br>17) To establish the legal rules governing the transfer and lease of fiscal and municipal assets; | ||
+ | <br>18) To establish rules for the occupation and alienation of vacant lands and fix their price; | ||
+ | <br>19) To open and close all classes of ports, establish maritime and frontier custom houses, and designate their location; | ||
+ | <br>20) To regulate river and air navigation; | ||
+ | <br>21) To register ships and aircraft as _____ in accordance with the law; | ||
+ | <br>22) To grant awards and extend temporary privileges permitted by the Constitution to authors and inventors of works of general utility and to persons who have introduced new industries or improved existing ones; | ||
+ | <br>23) To grant general amnesties for political offenses and common offenses related thereto. | ||
- | < | + | In no case may pardons include civil liabilities toward private individuals; |
+ | <br>24) To legalize the extraordinary or supplementary credits authorized by the President of the Republic in Council of Ministers; | ||
+ | <br>25) To delegate to the executive branch the power to legislate, by means of legislative decrees, on a specific matter and for a particular period as established in the enabling law. These legislative decrees are subject to the same provisions as those which apply for the law; | ||
+ | <br>27) To fix the monthly remuneration that deputies and senators shall receive. The remuneration cannot be changed during a legislative period except to take effect in the period following; | ||
+ | <br>28) To enact internal resolutions and decisions, and to formulate declarations in conformity with its powers; | ||
+ | <br>29) To decree a prolongation of its sessions in accordance with Article _____; and | ||
+ | <br>30) To exercise any other powers that are within its competence according to this Constitution. | ||
- | + | <center>Chapter II<br><u>Chamber of Deputies</u></center> | |
- | + | <u>Article.</u> The Chamber of Deputies shall consist of seventy deputies elected, with their respective alternates, directly by the people, in departmental election districts, at the ratio of one regular deputy and one alternate for every thirty thousand inhabitants or fraction thereof exceeding fifteen thousand; but in any case each department shall be entitled to have one deputy. | |
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- | <u>Article.</u> The Chamber of Deputies shall | + | |
<u>Article.</u> The qualifications for being elected deputy are the following: | <u>Article.</u> The qualifications for being elected deputy are the following: | ||
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(1) To be a _____ citizen by birth; | (1) To be a _____ citizen by birth; | ||
<br>(2) To have attained twenty-five years of age at the time of the election; | <br>(2) To have attained twenty-five years of age at the time of the election; | ||
- | <br>(3) To be a native of the department | + | <br>(3) To be a native of the department to which the electoral circumscription belongs or to have had three years' continuous residence therein; and |
<br>(4) Not to be included within any of the grounds for incapacity indicated in Article _____. | <br>(4) Not to be included within any of the grounds for incapacity indicated in Article _____. | ||
<u>Article.</u> The exclusive powers of the Chamber of Deputies are: | <u>Article.</u> The exclusive powers of the Chamber of Deputies are: | ||
- | (1 | + | (1) To initiate the consideration of bills relating to the tax, monetary, and banking systems, to the contracting of loans, and to the General Budget of Revenues and Expenditures of the Republic; |
- | + | <br>(2) To initiate the consideration of any bill relating to electoral or municipal legislation; | |
- | <br>( | + | <br>(3) To supervise, through a committee drawn from its body, the correct performance of the functions of the Tribunal of Accounts; |
- | <br>( | + | <br>(4) To pass political judgment on the conduct of the Ministers of State, in accordance with the provisions of Articles _____ to _____; |
- | <br>( | + | <br>(5) To examine accusations presented by its own members or by private individuals against the President of the Republic, deputies, senators, magistrates of the courts of justice, Ministers of State, diplomatic agents, and the president of the Tribunal of Accounts; and if the charge appears well founded, to submit the corresponding impeachment to the Senate; |
- | <br>( | + | <br>(6) To exercise any other powers which this Constitution expressly confers upon it. |
- | <br>( | + | |
<center>Chapter III<br><u>Senate</u></center> | <center>Chapter III<br><u>Senate</u></center> | ||
<u>Article.</u> The Senate shall consist of thirty regular senators and their respective alternates, elected directly by the people, in a single national election district. | <u>Article.</u> The Senate shall consist of thirty regular senators and their respective alternates, elected directly by the people, in a single national election district. | ||
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<u>Article.</u> The qualifications for being elected senator are the following: | <u>Article.</u> The qualifications for being elected senator are the following: | ||
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<u>Article.</u> The exclusive powers of the Senate are: | <u>Article.</u> The exclusive powers of the Senate are: | ||
- | (1 | + | (1) To initiate the consideration of bills relating to national defense, to the ratification of international treaties, conventions or agreements, to expropriations, and to the limitation of real property ownership; |
- | + | <br>(2) To consent to the appointment of the attorney general and the ambassadors and ministers plenipotentiary of the foreign service of the Republic, as well as to military promotions beginning with and including the rank of colonel in the Army, or its equivalent in the other branches of the armed forces and in the services; | |
- | <br>( | + | <br>(3) To authorize the departure of national troops beyond the borders of the country, the passage of foreign troops through the national territory, and the sojourn of squadrons of other powers for more than one month in _____ waters; |
- | <br>( | + | <br>(4) To authorize public officials or employees to accept posts, honors, or recompense from foreign governments; |
<br>(5) To try impeachments submitted by the Chamber of Deputies against the officials referred to in Article _____ by a hearing of the accused. If the latter does not appear he shall be tried in absentia; | <br>(5) To try impeachments submitted by the Chamber of Deputies against the officials referred to in Article _____ by a hearing of the accused. If the latter does not appear he shall be tried in absentia; | ||
<br>(6) To grant or deny its consent to the acts of the President of the Republic in cases in which the Constitution or the law so requires. If the Senate does not pass upon the matter within thirty days after call for urgency by the President of the Republic, its consent shall be taken for granted; | <br>(6) To grant or deny its consent to the acts of the President of the Republic in cases in which the Constitution or the law so requires. If the Senate does not pass upon the matter within thirty days after call for urgency by the President of the Republic, its consent shall be taken for granted; | ||
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<u>Article.</u> When the Senate tries the officials impeached by the deputies, the following rules shall be observed: | <u>Article.</u> When the Senate tries the officials impeached by the deputies, the following rules shall be observed: | ||
- | + | 1) If the impeachment refers to offenses committed while holding office, and the Senate acting as a jury finds the party guilty, it shall impose as the penalty removal from office, when appropriate, and disqualification from holding public office for the time specified by law, without prejudice to a criminal trial of the guilty party before the Supreme Court of Justice if his acts show liability deserving other punishment. | |
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- | + | 2) If the impeachment refers to other offenses, the Senate shall limit itself to a statement of whether or not there are grounds for prosecution, and if its finding is affirmative, it shall pass the case on to the Supreme Court of Justice and place the accused at its disposition. If the Senate declares that there are no grounds for prosecution, the official shall be restored to office. | |
==<center>'''TITLE VI'''<br><u>The Executive Branch</u></center>== | ==<center>'''TITLE VI'''<br><u>The Executive Branch</u></center>== | ||
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<br>(7) Not to be included within any of the grounds for incapacity indicated in Article _____. | <br>(7) Not to be included within any of the grounds for incapacity indicated in Article _____. | ||
- | <u>Article.</u> The term of the President of the Republic shall be | + | <u>Article.</u> The term of the President of the Republic shall be six years and shall begin and end on the first of July, and no event whatever may extend his mandate. |
- | <u>Article.</u> The | + | <u>Article.</u> The president-elect shall take office before a formal joint session of Congress and shall take the following oath: "I, (name), swear before God and country that I will faithfully and patriotically discharge the office of president of the Republic of _____ and support and defend the Constitution and the laws. If I do not do this, may God and country hold me to account." If on the date established the Congress not succeed in forming a quorum in order to meet, the ceremony shall be held immediately before the Supreme Court of Justice. |
- | <u>Article.</u> A citizen who has held the office of President of the Republic, by popular election or by appointment as ad interim, provisional, or substitute President, can in no case and for no reason again hold that office. This prohibition may not be modified or repealed. The author or authors of a proposal for modification or repeal, and those who support it, directly or indirectly, shall cease | + | <u>Article.</u> A citizen who has held the office of President of the Republic, by popular election or by appointment as ad interim, provisional, or substitute President, can in no case and for no reason again hold that office. This prohibition may not be modified or repealed. The author or authors of a proposal for modification or repeal, and those who support it, directly or indirectly, shall cease ipso facto in the occupation of their respective posts and shall be permanently incapacitated for the exercise of any public office. |
Likewise, the following may not be elected President of the Republic: | Likewise, the following may not be elected President of the Republic: | ||
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<br>(7) A minister of any religious cult. | <br>(7) A minister of any religious cult. | ||
- | <u>Article.</u> The official office of the President of the Republic shall be in the | + | <u>Article.</u> The official office of the President of the Republic shall be in the Casa Presidencial, and the National Treasury shall defray the expense of a residence for him that is in keeping with the dignity of his office. He shall be entitled to a salary, which may not be changed during his term of office, and during that term he may not engage in any other employment, nor devote himself to his profession, business or industry, nor receive any other emolument from the Republic. |
- | <u>Article.</u> The President of the Republic may leave the country only for official reasons after due consideration has been given to the best possible way to carry out his duties, in which case he shall entrust the office of the presidency of the Republic to one of the Ministers of State. He shall inform the other powers of such decisions. A special law shall establish the functions of the Minister in charge of the office of the | + | <u>Article.</u> The President of the Republic may leave the country only for official reasons after due consideration has been given to the best possible way to carry out his duties, in which case he shall entrust the office of the presidency of the Republic to one of the Ministers of State. He shall inform the other powers of such decisions. A special law shall establish the functions of the Minister in charge of the office of the presidency of the Republic. |
The President of the Republic may not leave the country for more than thirty days or during the last ninety days of his administration without the consent of the Senate. | The President of the Republic may not leave the country for more than thirty days or during the last ninety days of his administration without the consent of the Senate. | ||
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<br>(3) By a judicial sentence condemning him for the offenses enumerated in Article _____; | <br>(3) By a judicial sentence condemning him for the offenses enumerated in Article _____; | ||
<br>(4) By leaving the territory of the Republic for more than thirty days or during the last ninety days of his administration without the permission of the Senate; and | <br>(4) By leaving the territory of the Republic for more than thirty days or during the last ninety days of his administration without the permission of the Senate; and | ||
- | + | (5) By not returning to the territory of the Republic on the expiration of the period of thirty days. | |
- | <u>Article.</u> The exercise of the | + | <u>Article.</u> The exercise of the presidency of the Republic is suspended: |
(1) By the President's commanding the armed forces in person; | (1) By the President's commanding the armed forces in person; | ||
- | <br>(2) By the temporary physical incapacity of the President of the Republic declared by Congress; and | + | <br>(2) By the temporary physical incapacity of the President of the Republic declared by Congress; and |
<br>(3) By being brought to trial according to Article _____. | <br>(3) By being brought to trial according to Article _____. | ||
- | <u>Article.</u> | + | <u>Article.</u> In the event of the absolute disability of the President of the Republic, occurring during the first two years of his term, if Congress is in session, it shall immediately constitute itself as an electoral college, and if there is at least two-thirds of the total membership present, it shall name by secret ballot, and by an absolute majority of votes, an interim President; the same Congress shall issue, within ten days following the designation of the interim President, a call for the election of a President to complete the respective term; between the date of the call and that designated for holding the election, there must be an interval of not less than three months nor more than six. |
- | + | If Congress is not in session, the Delegated Committee shall immediately name a provisional President and shall call Congress in extraordinary session in order that it, in turn, may designate an interim President and issue the call for presidential elections as indicated in the preceding paragraph. | |
- | + | When the disability of the President occurs within the last four years of his term, if Congress is in session, it shall designate a substitute President to complete the term; if the Congress is not in session, the Delegated Committee shall name a provisional President and shall convoke the Congress in extraordinary session in order that it may constitute itself into an electoral college and elect the substitute President. | |
- | < | + | |
+ | |||
+ | |||
+ | <center>Chapter II<br><u>Powers and Duties of the Executive Branch</u></center> | ||
<u>Article.</u> The President of the Republic has the following duties in relation to the legislative branch: | <u>Article.</u> The President of the Republic has the following duties in relation to the legislative branch: | ||
- | + | 1) To attend the opening of regular sessions of Congress and present to it a report concerning the acts of his administration; | |
- | <br> | + | <br>2) To convoke Congress in extraordinary session; |
- | <br> | + | <br>3) To prepare the General Budget of the Nation each year and presents it to the chambers of Congress for consideration; |
- | <br> | + | <br>4) To present to the chambers through the intermediary of the respective ministries, within ninety days after Congress is installed, the annual record or report of each branch of the administration; |
- | <br> | + | <br>5) To present proposals for laws and to submit treaties and contracts as require legislative approval; |
- | <br> | + | <br>6) To promulgate and publish, as appropriate, the laws approved by the legislative branch or use his veto power in accordance with the Constitution; |
- | + | ||
- | + | ||
- | + | ||
<u>Article.</u> The President of the Republic has the following duties in relation to the judicial branch: | <u>Article.</u> The President of the Republic has the following duties in relation to the judicial branch: | ||
- | + | 1) To watch over the ministerial conduct of the judges and other employees of the judicial power, and for this purpose to request the Supreme Court of Justice, if appropriate, to affirm their bad conduct, or the office of the attorney general to institute disciplinary measures before the competent tribunal, or, if there be sufficient grounds, to file the proper accusation; and | |
- | <br> | + | <br>2) To give to the judicial branch whatever assistance it may need for the expeditious exercise of its functions. |
<u>Article.</u> The President of the Republic has the following powers and duties as commander in chief of the armed forces: | <u>Article.</u> The President of the Republic has the following powers and duties as commander in chief of the armed forces: | ||
- | + | 1) To command all branches of the armed forces, organize them, distribute them, and utilize them in conformity with the law; | |
- | <br> | + | <br>2) To direct wartime operations as commander in chief; |
- | <br> | + | <br>3) To command in person the armed forces with the approval of the Senate. In this case the President of the Republic may reside at any place occupied by _____ arms; |
- | <br> | + | <br>4) To levy the forces necessary to repel invasions or put down rebellions; |
- | <br> | + | <br>5) To discharge and demobilize any special army when an emergency has passed; |
- | <br> | + | <br>6) To issue military regulations in accordance with the law; |
- | <br> | + | <br>7) To grant pensions to which military personnel are entitled if disabled in service; |
- | <br> | + | <br>8) To grant retirement to military personnel according to law; |
- | <br> | + | <br>9) To grant honors and rewards to military persons who have distinguished themselves in service; and |
+ | <br>10) To commission officers of all branches of the armed forces up to and including the rank of lieutenant colonel or its equivalent and, with the approval of the Senate, the higher ranks. On the field of battle he may confer these superior military offices at his own instance. | ||
<u>Article.</u> The President of the Republic has the following powers and duties as the supreme administrative authority: | <u>Article.</u> The President of the Republic has the following powers and duties as the supreme administrative authority: | ||
- | (1) To | + | (1) To represent the State at home and abroad; |
<br>(2) To maintain internal order and the external security of the Republic, without contravening the Constitution or the laws; | <br>(2) To maintain internal order and the external security of the Republic, without contravening the Constitution or the laws; | ||
- | <br>(3) To | + | <br>(3) To comply with and enforce the Constitution and the laws; |
- | <br>(4) To | + | <br>(4) To regulate the laws without transgressing or perverting them; and with this same restriction, to issue pertinent decrees, resolutions, and instructions; |
- | <br>( | + | <br>(5) To appoint and remove the President of the Council of Ministers and the Ministers of State, in conformity with the Constitution; |
- | + | <br>(6) To provide for the collection of the revenues of the Republic, decree the expenditures, and render accounts of them, in accordance with the General Budget of the Nation and the laws; | |
<br>(7) To conduct the foreign relations of the Republic; | <br>(7) To conduct the foreign relations of the Republic; | ||
- | <br>(8) To receive chiefs of diplomatic missions of foreign countries and | + | <br>(8) To receive chiefs of diplomatic missions of foreign countries and admits their consuls and to appoint ambassadors and ministers plenipotentiary of the foreign service of the Republic, with the approval of the Senate; |
- | <br>(9) To | + | <br>(9) To conclude treaties of friendship, commerce, navigation, alliance, boundaries, and neutrality, and concordats and other international agreements and to ratify them after approval by Congress; |
- | <br>(10) To | + | <br>(10) To declare war with the authorization of Congress, or even without it, to repel any foreign bellicose aggression, when this is necessary; |
- | <br>( | + | <br>(11) To conclude treaties of peace, giving due notice to Congress the next time it is in session; |
- | <br>( | + | <br>(12) To appoint, remove, and grant leave of absence, in conformity with the law, to public officials and employees whose appointment or removal does not devolve on other officials or agencies; |
- | <br>( | + | <br>(13) To grant, in conformity with the law, severance and retirement pensions and annuities; |
- | <br>( | + | <br>(14) To grant, for outstanding merit, the decorations, medals, diplomas and prizes that are established by law; |
- | <br>( | + | <br>(15) To commute sentences and grant private pardons, upon the report of the Supreme Court of Justice and in accordance with the law. Officials impeached by the Chamber of Deputies and tried by the Senate can be pardoned by Congress only. The President of the Republic may not exercise this power with respect to the Ministers of State; |
- | + | <br>(16) To appoint the attorney general, with the approval of the Senate; | |
- | + | <br>(17) To sign contracts, in accordance with the Constitution and the laws, for the rendering of services and the execution of public works and for the general interest; and | |
- | <br>(18 | + | <br>(18) To exercise the other functions of government and administration assigned to him under this Constitution. |
- | + | ||
- | + | ||
<u>Article.</u> Whenever in his opinion the public tranquility is threatened, the President of the Republic may order the detention of persons presumed responsible, interrogate them, and hold them in custody for ten days, within which time they must be freed or turned over to a competent court; but if in the opinion of the chief of state it is necessary to confine such persons, he may, in Council of Ministers, order their confinement. | <u>Article.</u> Whenever in his opinion the public tranquility is threatened, the President of the Republic may order the detention of persons presumed responsible, interrogate them, and hold them in custody for ten days, within which time they must be freed or turned over to a competent court; but if in the opinion of the chief of state it is necessary to confine such persons, he may, in Council of Ministers, order their confinement. | ||
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<u>Article.</u> The President of the Republic, in Council of Ministers, may suspend or restrict, in all or a part of the national territory, the exercise of constitutional guarantees in any of the following cases: | <u>Article.</u> The President of the Republic, in Council of Ministers, may suspend or restrict, in all or a part of the national territory, the exercise of constitutional guarantees in any of the following cases: | ||
- | + | a) When the Republic becomes involved in an international or civil war, or when there is danger that either of these may occur; | |
- | <br> | + | <br>b) In case of epidemic, earthquake, or other public disaster; |
- | <br> | + | <br>c) Whenever due to any other circumstances it is required for the protection, peace, or security of the nation or of its institutions or form of government. |
The President of the Republic and the Ministers of State shall be held responsible whenever the suspension or restriction of the constitutional guarantees is declared when none of the above-mentioned cases have occurred, and they shall be held responsible, together with all other officials, for any abuse committed during a period of suspension or restriction. | The President of the Republic and the Ministers of State shall be held responsible whenever the suspension or restriction of the constitutional guarantees is declared when none of the above-mentioned cases have occurred, and they shall be held responsible, together with all other officials, for any abuse committed during a period of suspension or restriction. | ||
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The decree of suspension or restriction shall contain: | The decree of suspension or restriction shall contain: | ||
- | + | a) The grounds on which it is based; | |
- | <br> | + | <br>b) Specifications of the guarantee or guarantees that are restricted or suspended; and |
- | <br> | + | <br>c) The territory affected by the suspension or restriction. |
Neither suspension nor restriction of guarantees shall in any way affect the functioning of the organs of government, and their members shall always retain the prerogatives granted by law. | Neither suspension nor restriction of guarantees shall in any way affect the functioning of the organs of government, and their members shall always retain the prerogatives granted by law. | ||
- | In the event of foreign war, the | + | In the event of foreign war, the executive shall convoke Congress in the same decree in which the exercise of constitutional guarantees is suspended or restricted, to meet within the next thirty days; and if he fails to convoke it, Congress shall meet in its own right. |
In no case may the decree of suspension or restriction affect the following guarantees: | In no case may the decree of suspension or restriction affect the following guarantees: | ||
- | + | a) The inviolability of human life; | |
- | <br> | + | <br>b) The prohibition against trials by judges other than those designated by law; |
- | <br> | + | <br>c) The prohibition against acts of cruelty or torture and infamous punishments; |
- | <br> | + | <br>d) The prohibition against retroactive or confiscatory laws; and |
- | <br> | + | <br>e) The prohibition against imposing taxes. However, if an international or civil war breaks out, the President of the Republic in Council of Ministers may impose taxes of a general nature. |
- | The decree of suspension of guarantees shall be repealed upon the cessation of the causes for which it was invoked and the | + | The decree of suspension of guarantees shall be repealed upon the cessation of the causes for which it was invoked and the chief executive shall render to Congress in joint session without delay an account of the measures taken. |
- | <center>Chapter III<br><u>The | + | <center>Chapter III<br><u>The Council of Ministers</u></center> |
<u>Article.</u> For the conduct of business corresponding to the executive branch there shall be Ministers of State. The law shall specify their number, their titles, and the departments of the administration corresponding to each. | <u>Article.</u> For the conduct of business corresponding to the executive branch there shall be Ministers of State. The law shall specify their number, their titles, and the departments of the administration corresponding to each. | ||
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<u>Article.</u> The decrees, orders, and rulings of the President of the Republic must be countersigned by the Ministers of State of the respective departments, with the exception of those orders that refer to the appointment or removal of his Ministers of State. Without this requirement they are null and void. | <u>Article.</u> The decrees, orders, and rulings of the President of the Republic must be countersigned by the Ministers of State of the respective departments, with the exception of those orders that refer to the appointment or removal of his Ministers of State. Without this requirement they are null and void. | ||
- | <u>Article.</u> The Ministers | + | <u>Article.</u> The Ministers in assembly form the Council of Ministers. |
- | + | The Council of Ministers has its President. It is the responsibility of the President of the Republic to preside over the Council of Ministers when he convokes it or attends its meetings. | |
- | <u>Article.</u> The President of the Council of Ministers, | + | <u>Article.</u> The President of the Republic appoints and removes the President of the Council of Ministers. He appoints and removes the other Ministers, on the proposal and with the agreement, respectively, of the President of the Council of Ministers. |
- | (1) To | + | <u>Article.</u> The President of the Council of Ministers, who may be a Minister without portfolio, has the following duties: |
- | <br>(2) To coordinate | + | |
- | <br>(3) To coordinate relations between the executive | + | (1) To act, after the President of the Republic, as the authorized spokesman for the government; |
- | <br>(4 | + | <br>(2) To coordinate the functions of the other Ministers, in accordance with the President of the Republic’s instructions; |
- | + | <br>(3) To coordinate relations between the executive branch and Congress; | |
- | + | <br>(4) To countersign the decree-laws issued by the President of the Republic in the event of emergency or public necessity; and | |
- | <br>( | + | <br>(5) To exercise any other powers assigned to him under the Constitution and the law. |
<u>Article.</u> To be a Minister of State a person must be a native-born _____, a citizen in the exercise of his rights, more than thirty years of age, a layman, and enjoy an excellent reputation for his integrity and knowledge of public affairs. | <u>Article.</u> To be a Minister of State a person must be a native-born _____, a citizen in the exercise of his rights, more than thirty years of age, a layman, and enjoy an excellent reputation for his integrity and knowledge of public affairs. | ||
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<br>(5) Relatives of the President of the Republic within the second degree of consanguinity or affinity. | <br>(5) Relatives of the President of the Republic within the second degree of consanguinity or affinity. | ||
- | <u>Article.</u> The | + | <u>Article.</u> The Council of Ministers has the following duties: |
- | (1) To | + | (1) To approve such bills as the President of the Republic may submit to Congress; |
- | <br>(2) To | + | <br>(2) To discuss issues of public interest; |
- | <br>(3) To | + | <br>(3) To give advice to the President of the Republic in all cases in which he may consult it; and |
- | <br>(4) To | + | <br>(4) To exercise any other powers assigned to it under the Constitution and the law. |
- | + | ||
- | + | ||
- | <u>Article.</u> The Ministers may not exercise any other public function | + | <u>Article.</u> Any decision of the Council of Ministers requires the affirmatory votes of the majority of its members. |
+ | |||
+ | The Council of Ministers has a deliberative vote and a consultative vote in the cases specified by law. | ||
+ | |||
+ | The President of the Republic adjusts, with the consultative vote of the Council of Ministers, conflicts of competence among the Ministers. His decision is countersigned by the President of the Council of Ministers. | ||
+ | |||
+ | <u>Article.</u> The Ministers may not exercise any other public function except that of deputy or senator. | ||
They shall not intervene, directly or indirectly, in the direction or management of any private undertaking or association. | They shall not intervene, directly or indirectly, in the direction or management of any private undertaking or association. | ||
- | <u>Article.</u> | + | <u>Article.</u> There are no Ministers <u>pro tempore</u>. The President of the Republic may, on the proposal of the President of the Council of Ministers, entrust to a Minister, who retains his own Ministry, the charge of another in the event of vacancy or impediment on the part of the serving Minister, but this charge may not be prolonged for more than thirty days or be transferred successively to the other Ministers. |
- | Ministers | + | <u>Article.</u> The Ministers are responsible civilly and criminally for their own acts and for the presidential acts which they countersign. |
- | + | Unless they resign immediately, all Ministers are collectively responsible for offenses against or infractions of the Constitution and of the laws which the President of the Republic commits, or which are agreed on in the Council of Ministers, even though they refrain from voting. | |
- | + | <u>Article.</u> The Ministers shall present an annual report on their actions to the President of the Republic. For their services, they shall receive a salary established by law, which may not be changed during their term of office. | |
- | <u>Article.</u> The Ministers | + | <center>Chapter IV<br><u>Relations Between the Legislative Branch<br>and the Executive Branch</u></center> |
+ | |||
+ | <u>Article.</u> The Council of Ministers in full, or the Ministers separately, may attend the sessions of Congress or of the chambers and participate in the debates. | ||
They may also attend when invited to give information. | They may also attend when invited to give information. | ||
- | <u>Article.</u> | + | <u>Article.</u> The President of the Council of Ministers, on assuming his functions, shall attend the Chamber of Deputies, in company with the other Ministers, to explain and discuss the general policy of the executive branch and the principal measures required for the implementation of this policy. For this purpose he shall submit a confidence motion. |
- | < | + | If the Chamber of Deputies is not in session, the President of the Republic shall call a special session. |
+ | |||
+ | <u>Article.</u> The attendance of the Council of Ministers, or of any of the Ministers, is obligatory if the Chamber of Deputies calls for them in order to interpellate them. The interpellation shall be made in writing. For its acceptance it requires one fifth of the votes of the sitting deputies. The Chamber of Deputies shall indicate the day and hour for the Ministers to reply to the interpellations. | ||
+ | |||
+ | <u>Article.</u> The Chamber of Deputies actualizes the political responsibility of the Council of Ministers or of the Ministers individually by means of a vote of censure or by defeating a vote of confidence. The latter may only be proposed upon a ministerial initiative. | ||
+ | |||
+ | A vote of censure against the Council of Ministers or against any of the Ministers may be moved by a single deputy. Whenever motions to this effect are presented, the Chamber of Deputies shall be specially convoked, within a period of not over forty-eight hours, to decide upon its course of action. | ||
+ | |||
+ | If upon the first convocation of the Chamber of Deputie there are not a sufficient number of members present to hold a meeting, a second convocation shall be made and the Chamber of Deputies shall be considered organized with the number of legislators who attend. | ||
+ | |||
+ | Any censure motion against the Council of Ministers, or against any of the Ministers, must be approved by an absolute majority of the full membership of the Chamber of Deputies. | ||
+ | |||
+ | The Council of Ministers or the censured Minister must then resign. The President of the Republic shall accept the resignation within the subsequent seventy-two hours. | ||
+ | |||
+ | The nonapproval of a ministerial initiative does not oblige the Minister to resign, except in the case of his having made approval a matter of confidence. | ||
+ | |||
+ | <u>Article.</u> The President of the Council of Ministers may introduce a motion of confidence before the Chamber of Deputies on behalf of the Council of Ministers. If the confidence motion is rejected, or if the President of the Council of Ministers is censured or if he resigns or is removed by the President of the Republic, the Cabinet is in complete crisis. | ||
+ | |||
+ | <u>Article.</u> The President of the Republic may decree the dissolution of the Chamber of Deputies if the latter has censured or denied its confidence to three Councils of Ministers. | ||
+ | |||
+ | In the same decree that stipulates the dissolution of the Chamber of Deputies, the President of the Republic shall call for elections of deputies, who shall complete the constitutional term, unless one year or less remains before its termination. These elections shall be held within three months. | ||
- | + | If the elections are not held within the deadline provided for, the dissolved Chamber of Deputies may meet as a matter of right, recover its powers, and remove the Council of Ministers. None of the latter’s members may be reappointed Minister during the remaining presidential term. | |
- | + | A Chamber of Deputies elected in this manner shall replace the previous one and complete the constitutional term of the dissolved Chamber of Deputies. | |
- | + | <u>Article.</u> The President of the Republic may dissolve the Chamber of Deputies only once during his presidential term, being precluded from exercising this power during the last year in which the Chamber of Deputies is in office. | |
- | + | The Chamber of Deputies may not be dissolved under a state of emergency or a state of siege. | |
- | <u>Article.</u> The | + | <u>Article.</u> The Senate may not be dissolved. |
<center>Chapter V<br><u>The Consultative Commissions and Technical Councils</u></center> | <center>Chapter V<br><u>The Consultative Commissions and Technical Councils</u></center> |