Eleanor Finch
Uruguay's constitution was first written in 1830, following the country's independence in 1825. Since then, it has undergone several amendments, with the latest version being approved in 2004. The country's constitution is heavily influenced by the French and American revolutions, dividing the government into executive, legislative, and judicial powers. It establishes Uruguay as a unitary republic with a centralized form of government, led by a president with considerable powers. The constitution also outlines the roles and responsibilities of ministers, the protection of intellectual property, and the freedom of religious sects. Uruguay's constitution has been amended multiple times to reflect the changing political landscape of the country, with the most recent amendment in 2009.
| Characteristics | Values |
|---|---|
| First Constitution | 1830 |
| First Amendment | 1918 |
| Last Amendment | 2004 |
| Independence | 25 August 1825 |
| Current Constitution | 1967 |
| Previous Constitutions | 1918, 1934, 1942, 1952 |
| Plebiscite | 8 December 1996 |
| Executive Power | Bicameral General Assembly |
| Legislative Power | Bicameral General Assembly |
| Judicial Power | Supreme Court of Justice |
| Religion | Secular |
| Inheritance | Right guaranteed |
| Trade | Guided by the state |
| Civil Service | Permanent status |
| Ministers' Responsibility | Accountable for crimes |
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What You'll Learn
Uruguay's constitution was first written in 1830
The 1830 constitution established Uruguay as a unitary republic with a centralised form of government. It divided the government into executive, legislative, and judicial powers, influenced by the French and American revolutions. The constitution provided for a bicameral General Assembly, composed of a Chamber of Senators (or Senate), elected nationally, and a Chamber of Representatives, elected from the departments. The General Assembly was empowered to elect a president with significant powers to lead the executive branch for a four-year term. The president had control over all ministers and could make decisions with the agreement of at least one of the three ministers recognised by the 1830 constitution.
The constitution has been reformed several times since 1830, including in 1918, 1934, 1942, 1952, and 1967. However, it still retains several articles from its original version. The anniversary of the promulgation of the 1830 constitution on July 18 is now a public holiday in Uruguay, and it is considered the country's most technically perfect charter.
The 1918 reform occurred after President José Batlle y Ordóñez proposed a Swiss-style collegial executive system, known as the "colegiado." This proposal faced opposition from various groups, including his own Colorado Party. While it was initially defeated in 1916, Batlle y Ordóñez negotiated a deal with a faction of the Blancos, resulting in a compromise system included in the second constitution, approved by plebiscite in 1917.
The 1952 reform aimed to re-establish the colegiado and the plural executive power through the National Council of Government, with six majority-party seats and three minority-party seats. However, this system proved ineffective due to a lack of unity and coordination. In the 1966 elections, a majority of Uruguayans voted to amend the 1952 constitution and re-establish a strong one-person presidency, subject to legislative and judicial checks. The new constitution came into force in 1967 and has remained in effect since then.
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It has been amended several times since
Uruguay's constitution has been amended several times since its first version was written in 1830. The constitution was first amended in 1918, followed by further amendments in 1934, 1942, 1952, and 1967. The 1967 constitution, which was the culmination of an effort to reestablish a strong one-person presidency, has remained in effect since then. However, it too has undergone amendments over the years, with changes made in 1989, 1994, 1996, and most recently, in 2004.
The process of amending the constitution typically involves several steps, including proposal, drafting, legislative and/or executive branch review and approval, public referendum, and entry into law. In Uruguay, amendments can be initiated by a public petition of at least 10% of qualified voters, by agreement of at least two-fifths of the General Assembly, or by existing "constitutional laws" sanctioned by a two-thirds majority in both houses of the Assembly. Proposals can also be submitted by senators, representatives, or by the executive power, but they must be approved by a national constituent convention.
The content of the amendments has varied over the years, reflecting the changing needs and priorities of Uruguayan society. For example, the 1934 amendment empowered the Supreme Court of Justice to rule on the constitutionality of laws, while the 1952 amendment focused on reestablishing a plural executive power. The most recent amendment in 2004 included a provision to recognize and protect intellectual work, as well as the rights of authors, inventors, and artists.
The anniversary of the promulgation of the original 1830 constitution on July 18 is now a public holiday in Uruguay, celebrating the country's most technically perfect charter. Despite the amendments made to the constitution over the years, it still maintains several articles from its first version, reflecting the enduring nature of the document.
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The constitution divides the government into executive, legislative and judicial powers
The Constitution of Uruguay, the country's supreme law, divides the government into executive, legislative, and judicial powers. The first version of the constitution was written in 1830, and it has been amended several times since, with the most recent amendment made in 2004.
The executive branch is led by the president, who is elected by the bicameral General Assembly for a four-year term. The president has control over their ministers and can make decisions with the agreement of at least one of the three ministers recognised by the 1830 constitution. The General Assembly is composed of a Chamber of Senators, or the Senate, elected nationally, and a Chamber of Representatives, elected from the departments. The General Assembly is responsible for passing laws, but it cannot dismiss the president or their ministers, or issue votes of no confidence. However, an 1834 amendment provided for impeachment of ministers for "unacceptable conduct".
The legislative power is vested in the General Assembly, which consists of two chambers: the Chamber of Representatives and the Chamber of Senators. The General Assembly is responsible for passing laws, establishing tribunals, regulating the administration of justice, enacting laws related to the independence, security, and tranquility of the republic, protecting individual rights, fostering education and industry, imposing taxes, and approving or disapproving accounts presented by the executive power.
The judicial power is exercised by the Supreme Court of Justice, established in 1907, and other lower courts. The Supreme Court is the highest court of law and last resort in Uruguay, serving as the highest appeals court and appointing and overseeing all other judges. The members of the Supreme Court are appointed by the General Assembly and must meet certain qualifications, including age, citizenship, and legal experience requirements.
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It establishes freedom of religion and secularism
Uruguay has a written constitution, first adopted in 1830. The country has undertaken significant measures to reduce the influence of religion in public life, despite its predominantly Christian population and deep-rooted Christian traditions.
The Uruguayan Constitution establishes freedom of religion and secularism. It states that "the State supports no religion", guaranteeing freedom of worship and prohibiting discrimination based on religion. This is further enforced by the National Institute of Human Rights, which hears complaints of religious discrimination and conducts investigations, ultimately deciding whether a case should receive a judicial or administrative hearing. The institute also provides free legal resources to complainants.
The Constitution also recognises the right of the Catholic Church to ownership of all temples built wholly or partly from funds of the National Treasury, except for chapels dedicated to use in asylums, hospitals, prisons, or other public establishments. Religious groups are entitled to property tax exemptions for their houses of worship, but they must register with the government as nonprofit organisations to receive this benefit.
Uruguay is the most secular country in the Americas, with Church and State officially separated since the Constitution of 1918. Secularisation measures had already been implemented by the 1870s. Religious instruction is prohibited in public schools, and the government does not refer to Christian holidays by their religious names. Students belonging to other religions may miss classes to observe their religious traditions without penalty.
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The constitution outlines the powers and duties of ministers
Uruguay's constitution, the supreme law of the country, was first written in 1830 and last amended in 2004. It outlines the powers and duties of ministers, which are to be executed in accordance with the laws and regulations of the Executive Power.
The constitution divides the government into executive, legislative, and judicial powers, with the Executive Power vested in the President of the Republic, who acts with the respective Minister or Ministers, or with the Council of Ministers. The President is elected by popular vote and has the power to make decisions with the agreement of at least one of the three ministers recognised by the 1830 constitution. The constitution requires the chief executive to appoint three of the nine cabinet ministers from the party that received the second-largest number of votes in the presidential election.
The duties of the President, acting with the Minister or Ministers, include the preservation of internal order and tranquility, and external security; granting retirement and regulating the pensions of civilian and military employees; and publishing and circulating laws, as well as enforcing them. The President and Minister(s) are also responsible for informing the Legislative Power of the state of the Republic and proposing bills to the Chambers.
Ministers are responsible for enforcing the Constitution, laws, decrees, and resolutions, as well as formulating and submitting projects of laws, decrees, and resolutions to superior authorities. They have the power to grant leaves of absence to employees of their departments and to propose the appointment or discharge of said employees. They also supervise administrative functions and impose disciplinary penalties. Ministers are allowed to attend sessions of the General Assembly and its Chambers, as well as take part in debates, but they do not have a vote. Importantly, ministers are not exempt from responsibility for crimes, even if they invoke the orders of the President or the Council of Ministers.
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Frequently asked questions
Yes, Uruguay has a written constitution.
The first version of the Constitution of Uruguay was written in 1830 and its last amendment was made in 2004.
The Constitution of Uruguay is the supreme law of the country.
The Constitution of Uruguay is heavily influenced by the thinking of the French and American revolutions. It establishes Uruguay as a unitary republic with a centralized form of government.
The Constitution of Uruguay has been amended several times, with the latest amendment being made in 2004.
