Jonah Patel
El Salvador has had a long and tumultuous constitutional history since it gained independence from Spain in the early 19th century. The country has had fifteen constitutions, with the first written in 1824. The 1983 Constitution, currently in effect, was drafted by a Constituent Assembly and approved in December of that year. This assembly was influenced by the US government and the Salvadoran military, and it faced challenges in reaching agreements on agrarian reform and presidential elections. The 1983 Constitution addressed issues such as the death penalty, asylum, and academic freedom.
| Characteristics | Values |
|---|---|
| Date of the current constitution | 20 December 1983 |
| Previous constitution | 1962 |
| Number of constitutions since independence | 15 |
| First constitution | 1824 |
| Number of constitutions since 1824 | 23 |
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What You'll Learn
The first Salvadoran constitution was produced in 1824
El Salvador has had a long and tumultuous constitutional history since it gained independence from Spain in the early 19th century. During this period, the country has functioned under fifteen constitutions, with the first Salvadoran constitution being produced in 1824. This early document was significant in declaring El Salvador's independence as a member of the United Provinces of Central America.
The 1824 constitution was created following Central America's independence from Spain, which was achieved without bloodshed. It was based on the liberal ideals of the 1812 Cádiz Constitution of Spain and the Constitution of the United States, reflecting the Salvadoran desire for a just and unified society. The constitution provided the structure for the new federation, consisting of five states, each with its own assembly and head of state. Notably, it also abolished slavery and established Catholicism as the official religion.
However, the 1824 constitution faced significant challenges, and it was unable to prevent the breakdown of Central American unity in 1838. Despite this setback, El Salvador continued to advocate for isthmian federation, and attempts were made to revise the constitution in 1835 to include freedom of religion and more parliamentary-style forms of government.
The dissolution of the United Provinces of Central America led to the creation of a new constitution in 1841, as El Salvador emerged as an independent republic. This marked the beginning of a series of constitutions, each influenced by the political landscape of the time. For example, the 1886 constitution, known for its durability, reflected liberal-idealist principles but struggled to guarantee equality in practice due to issues related to land ownership and rural welfare.
The frequent changes in El Salvador's constitutions can be attributed to the elite-dominated political system and the personalistic rule of presidents, often drafted to extend their terms or legitimize power seizures. Nonetheless, the country's constitutional history showcases a consistent liberal spirit and a desire for unity and a just society.
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The 1824 Constitution abolished slavery
El Salvador has had a long and tumultuous constitutional history since it achieved independence from Spain in the early 19th century. During this period, the country has functioned under fifteen constitutions, with the first Salvadoran constitution being produced in 1824.
The 1824 Constitution was significant in that it abolished slavery and declared El Salvador independent as a member of the United Provinces of Central America. This constitution also provided the structure of the federation and its component parts, consisting of five states, each with its own assembly and head of state. The federation had a congress and a president, but both the states and the federation were granted the rights to raise armed forces and taxes, which laid the basis for future disunity.
The 1824 Constitution was a powerfully worded document, but it ultimately could not overcome the divisive forces arrayed against it. An attempt to revamp the constitution in 1835 introduced more parliamentary-style forms of government and granted freedom of religion, but it too proved ineffective. The dissolution of the United Provinces necessitated the promulgation of a new constitution in 1841 as El Salvador emerged as an independent republic.
The subsequent constitutional history of El Salvador was marked by frequent changes and amendments, often driven by individual ambition and efforts to extend presidential terms. The constitution of 1886 was the most durable in Salvadoran history, remaining in force in its original form until 1939, and was reinstated in amended form after World War II. The 1944 constitution, also known as the Reforms of 1944, was supplanted in 1945 by the constitution of 1945, which lasted only a year. The 1886 constitution was reinstated in 1946, reflecting the political uncertainty of the time.
In summary, the 1824 Constitution of El Salvador was a pivotal moment in the country's history, abolishing slavery and establishing El Salvador's independence within the United Provinces of Central America. However, the country's constitutional landscape has been characterised by frequent changes and amendments, influenced by political and societal factors.
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The 1983 Constitution was drafted by a special commission
El Salvador has had fifteen constitutions since it gained independence from Spain in the 19th century. The 1983 Constitution was the successor to the 1962 Constitution, which was relatively long-lived by Salvadoran standards. The 1983 Constitution was drafted by a special commission and approved by the Constituent Assembly, with the final version being approved in December 1983. The effective date of the constitution was December 20, 1983.
The special commission charged with drafting the 1983 Constitution finished its work in June 1983, reporting that it had reached an agreement on almost all respects. The two major exceptions were agrarian reform and the schedule and procedure for presidential elections. These contentious issues were left to the Constituent Assembly to resolve. The 1983 Constitution was drafted during a period of political uncertainty and transition in El Salvador, with pressure exerted by the United States government and the Salvadoran military on Salvadoran political leaders.
The 1983 Constitution of El Salvador recognised the human person as the origin and end of the activity of the State, which is organised to attain justice, judicial security, and the common good. It granted asylum to foreigners who wished to reside in its territory, except in cases provided by law and international law. It also addressed the rights of debtors, the creation of judicial districts, and the powers of the Supreme Court of Justice and the Municipal Councils.
The 1983 Constitution also included provisions for the central bank and the dismissal of ministers of state. It established the right to collective bargaining for workers and employees and guaranteed academic freedom for higher education institutions, with the University of El Salvador and other state universities enjoying autonomy in teaching, administrative, and economic aspects. The 1983 Constitution remains the current constitution of El Salvador, with revisions made in 2003 and 2014.
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The 1983 Constitution came into effect on December 20, 1983
El Salvador has had a long and tumultuous history with its constitution, with 15 constitutions since it gained independence from Spain in the early 19th century. The country's 1983 Constitution, currently in effect, came into effect on December 20, 1983, replacing the 1962 constitution. The 1983 Constitution was drafted by a Constituent Assembly, which operated from April 1982 to December 1983. The Assembly faced pressure from various sources, including the United States government and the Salvadoran military, who advocated for the inclusion of the PDC in the interim government and the preservation of reform measures.
The 1983 Constitution addressed several key areas, including the death penalty, extradition, asylum, and academic freedom. The Assembly approved capital punishment only in cases covered by military law during a declared state of war, effectively eliminating it from the criminal justice system. The Constitution also outlined procedures for extradition and asylum, emphasising the principle of reciprocity and guaranteeing Salvadorians criminal and procedural protections. Additionally, it granted academic liberty and autonomy to higher education institutions, including the University of El Salvador.
The drafting process for the 1983 Constitution began in June 1983, with a special commission tasked with creating the document. Despite some challenges, the commission reported near-complete agreement, except for two significant issues: agrarian reform and the schedule for presidential elections. These contentious matters were left for the Constituent Assembly to resolve. The Assembly approved the draft constitution in December 1983, and it came into effect on December 20, marking a significant step in El Salvador's democratic transition.
The 1983 Constitution of El Salvador reflects the country's desire for a just and democratic society, building upon the liberal and progressive ideals that have characterised the country's constitutional history. The constitution-making process aimed to establish a framework for national coexistence, respect for human dignity, and the construction of a fair and free society. This constitution has had a more enduring impact than many of its predecessors, shaping the country's legal and political landscape for nearly four decades.
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The 1983 Constitution addresses asylum and extradition
El Salvador has had fifteen constitutions since it gained independence from Spain in the early 19th century. The 1983 Constitution, currently in effect, was drafted by a special commission and approved by the Constituent Assembly in December 1983. It addresses several key issues, including asylum and extradition.
The 1983 Constitution of El Salvador grants asylum to foreigners who wish to reside in the country, except in cases stipulated by laws and international law. It explicitly excludes those persecuted solely for political reasons. This provision underscores El Salvador's commitment to protecting individuals seeking refuge within its borders, while also respecting the framework of international legal norms.
Extradition, on the other hand, is governed by International Treaties. When involving Salvadorians, extradition can only proceed if explicitly provided for in the relevant treaty and if the treaty has been approved by the Legislative Branch of the respective countries. This ensures that Salvadorians involved in extradition processes are afforded the criminal and procedural safeguards outlined in the Constitution.
The Constitution further stipulates that extradition shall occur when the crime has been committed within the territorial jurisdiction of the requesting country. Notably, extradition shall not be carried out in cases of political crimes, even if common crimes are also involved. This provision safeguards individuals from extradition when their actions are motivated by political beliefs or objectives.
The 1983 Constitution of El Salvador also includes provisions related to professional and trade union organizations. It guarantees freedom of association and prohibits any restrictive exclusion clauses. The Constitution outlines specific requirements for the composition of trade union boards of directors, emphasizing that they should be comprised of Salvadorians by birth. It also grants workers the right to strike and employers the right to suspend work, without the need for prior approval. These provisions reflect El Salvador's commitment to upholding labor rights and promoting harmonious labor relations.
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Frequently asked questions
El Salvador's constitution was written in 1983.
El Salvador has had 23 constitutions since 1824.
The first Salvadoran constitution was produced in 1824. It declared El Salvador independent as a member of the United Provinces of Central America.
The 1962 constitution, which was similar to the 1950 constitution.
The 1983 constitution is currently in effect. It was approved in December 1983 and came into effect on December 20, 1983. It eliminated the death penalty from the Salvadoran criminal justice system.
