Omar Bennett
Guatemala has had a long and tumultuous history, with various constituent assemblies and constitutions. The first constitution of Guatemala was drafted in 1825, influenced by the Spanish liberalism of the Cortes of Cádiz and the US Constitution. This constitution, like those of the other member states of the United Provinces of Central America, incorporated the three classic branches of legislative, executive, and judiciary. Since then, there have been several iterations of the constitution, with the most recent one being amended in November 1993. The current constitution of Guatemala is a mixed-class constitution, with the power to amend it shared between the Congress of the Republic of Guatemala and the National Constituent Assembly.
| Characteristics | Values |
|---|---|
| Date of the first constitution | 1825 |
| Date of the current constitution | May 1985, amended November 1993 |
| Constitutional democratic republic | Yes |
| Preamble | We, the representatives of the people of Guatemala, elected freely and democratically, meeting in National Constituent Assembly in order to organize legally and politically the State |
| Constitution type | Mixed class |
| Institutions with legislative power | The Congress of Guatemala, The Executive Agency, The Supreme Court of Justice, The University of San Carlos of Guatemala, The Supreme Electoral Tribunal, Central National School of Agriculture, University of San Carlos of Guatemala, Autonomous Sports Confederation of Guatemala and the Guatemalan Olympic Committee, Guatemalan Institute of Social Security |
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What You'll Learn
The first constitution was drafted in 1825
The first constitution of Guatemala was drafted in 1825, a year after the Constitution of the United Provinces of Central America was promulgated on 24 November 1824. The 1825 Constitution of the State of Guatemala incorporated the three classic branches of legislative, executive, and judiciary. It also contained liberal principles, including an article that limited the term of office.
The 1825 Constitution was drafted after the 15 September 1821 Declaration of Independence for Central America, which led to the drafting of a Magna Carta by Central American delegates, including those from Chiapas. This was followed by a brief annexation of the isthmus by Mexico until 1823, after which the delegates reconvened to reaffirm Central American independence.
The 1825 Constitution of the State of Guatemala was the first in a long line of constitutional developments in the country. In 1839, Guatemala declared secession from the federation, and a new constituent assembly drafted various temporary constitutional laws, including the Law of Guarantees. In 1847, the central government officially declared the Republic of Guatemala, but a new constitution drafted in 1848 failed to be ratified.
Constitutional reforms have been a continuous process in Guatemala, with significant amendments being made in 1944, 1985, and 1993. The most recent notable amendment was in 1994, when a package of constitutional reforms was approved by a popular referendum. The Guatemalan constitution continues to evolve, with the possibility of reforms initiated by the President, Congress, or the people through petitions.
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It was influenced by the US Constitution
The first constitution of Guatemala was drafted in 1825, influenced by the US Constitution and Spanish liberalism. The 15 September 1821 Declaration of Independence for Central America led to the drafting of a Magna Carta by Central American delegates, including those from Chiapas.
The delegates convened again in 1823, after a brief annexation of the isthmus by Mexico, to reaffirm Central American independence. Influenced by the US Constitution, they drafted the Constitution of the United Provinces of Central America, which was promulgated on 24 November 1824. Within the following year, each of the member states (Guatemala, Honduras, El Salvador, Nicaragua, and Costa Rica) drafted its own constitution, under the same terms.
The 1825 Constitution of the State of Guatemala incorporated the three classic branches of legislative, executive, and judiciary. It provided important powers to the states, including tax collection and the creation of armed militias. However, these powers would eventually lead to the deterioration of federal power.
The Guatemalan authorities declared secession from the federation on 17 April 1839, marking the start of a period dominated by conservatives. This led to the installation of a new constituent assembly, which drafted various temporary constitutional laws, including the Law of Guarantees, aimed at supporting the basic management of the Guatemalan state.
The current Constitution of the Republic of Guatemala was adopted on 31 May 1985 and came into force on 14 January 1986. It was drafted by a new constituent assembly, elected in a transparent manner with little influence from the military. The 1985 Constitution contains significant differences from its predecessors, including the recognition of the rights of indigenous communities and the strengthening of the role of Congress.
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It included the three classic branches of government
The first constitution of Guatemala was drafted in 1825, influenced by the Spanish liberalism of the Cortes of Cádiz and the U.S. Constitution. This constitution incorporated the three classic branches of government: the legislative, executive, and judiciary.
The legislative branch, as outlined in Articles 157-181 of the constitution, is responsible for creating and passing laws. It is made up of elected representatives who are tasked with representing the interests of the Guatemalan people and enacting laws that benefit society as a whole.
The executive branch, on the other hand, is responsible for enforcing the laws created by the legislative branch. This branch includes the President of Guatemala, who is the head of state and government, as well as other government ministries and agencies. The executive branch ensures that the laws are implemented and administered throughout the country.
The third branch, the judiciary, is responsible for interpreting and applying the law. This branch includes the Supreme Court of Justice, which is the highest court in the land, as well as other lower courts. The judiciary resolves legal disputes, ensures fair trials, and interprets the laws and the constitution.
Each of these three branches of government plays a crucial role in maintaining the balance of power and ensuring that the rights and freedoms of the Guatemalan people are protected. The separation of powers between these branches provides a system of checks and balances, preventing any one branch from gaining too much power and upholding the democratic principles enshrined in the constitution.
Since the first constitution, Guatemala has undergone several political changes, including periods of conservatism and liberalism, dictatorships and democratic reforms. The most recent constitution, enacted in 1985, continues to recognise the importance of these three classic branches, with amendments made to expand democratic rights and recognise the rights of indigenous communities.
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It was amended in 1944
The first constitution of Guatemala was drafted in 1825, influenced by Spanish liberalism and the US Constitution. However, this document was amended numerous times throughout the country's history to reflect changing political ideologies and priorities. Notably, the constitution was amended in 1944, moving away from the principles established in 1879.
The 1944 amendment to the Guatemalan constitution marked a significant shift from the previous constitutional framework. The 1879 constitution, which had been in effect with minor changes, was largely based on the liberal principles of the 1824 constitution. However, it facilitated dictatorial rule and allowed the president to remain in power indefinitely through modifications to the constitutional article limiting the term of office. This practice was exploited by leaders like Manuel Estrada Cabrera, who maintained a dictatorship from 1898 to 1920.
The amendment in 1944 likely aimed to address these issues and establish a more democratic and accountable form of governance. It is important to note that the process of amending the constitution in Guatemala involves the participation of various institutions and stakeholders. The constitution can be amended by the Congress of the Republic of Guatemala and the National Constituent Assembly, with initiatives for reform proposed by the President, a minimum of ten deputies to the Congress, or a petition of at least five thousand citizens.
The 1944 amendment to the constitution occurred during a period of political transition and efforts towards democratization in Guatemala. It is essential to view this amendment in the broader context of the country's constitutional history and the ongoing struggle to balance power between conservative and liberal forces. The 1944 amendment likely played a role in shaping the country's political landscape and the relationship between different branches of government.
While the specific changes made in the 1944 amendment are not immediately clear, it is reasonable to assume that they addressed issues related to term limits, power distribution, and checks and balances to prevent dictatorial rule. The amendment may have also incorporated evolving societal values and priorities, reflecting the dynamic nature of constitutional law and its responsiveness to the needs and aspirations of the Guatemalan people.
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The current constitution was ratified in 1985
Guatemala's current constitution was ratified in May 1985, following a period of political upheaval and civil war. The country's history has been marked by various constitutions, with the first drafted in 1825 as part of the United Provinces of Central America. This constitution, along with those of the other member states, incorporated the three classic branches of legislative, executive, and judiciary.
The road to the 1985 constitution was a tumultuous one. Following a coup, a violent civil war broke out, fuelled by differences among military leaders and between the army and landowners. This led to a general insurgency and domestic and international pressure for a new constitution that would expand democratic rights.
In July 1984, General Mejia allowed for a democratic election to take place for a Constituent Assembly, tasked with drafting a new constitution. This assembly, elected in a transparent manner with little military influence, worked from 1984 to 1985 to create a new constitution and electoral law. The final document included significant changes, such as the freedom for political parties to operate and the recognition of the rights of indigenous communities.
After nine months of debate, the Constituent Assembly finished drafting the new constitution on May 30, 1985, and it took effect immediately. The first election under this constitution was won by Vinicio Cerezo, a civilian politician from the Christian Democracy Party, who took office on January 14, 1986. His government's priorities were to end political violence and establish the rule of law, with reforms including new laws of habeas corpus and amparo, and the creation of a legislative human rights committee.
The 1985 constitution has since been amended, with a package of constitutional reforms approved by popular referendum in January 1994, and further amendments made in November 1993.
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Frequently asked questions
The first constitution of Guatemala was drafted in 1825, under the same terms as the Constitution of the United Provinces of Central America, which was promulgated on November 24, 1824.
The Constitution of the United Provinces of Central America was influenced by the Spanish liberalism of the Cortes of Cádiz and the U.S. Constitution.
The 1825 Constitution of the State of Guatemala incorporated the three classic branches of legislative, executive, and judiciary.
Yes, the Guatemalan constitution has been amended several times since 1825. The most recent amendments were made in 1993 and 1994, with the latter being approved by a popular referendum.
