Constitution of Bolivia
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The current Constitution of Bolivia (Spanish: Constitución Política del Estado; literally, the Political Constitution of the State) came into effect on 7 February 2009 when it was promulgated by President Evo Morales,[1][2] after being approved in a referendum with 90.24% participation. The referendum was held on 25 January 2009, with the constitution being approved by 61.43% of voters.[3]
It is the 17th constitution in the country's history;[4] previous constitutions were enacted in 1826, 1831, 1834, 1839, 1843, 1851, 1861, 1868, 1871, 1878, 1880, 1938, 1945, 1947, 1961, and 1967.
The 2009 Constitution defines Bolivia as a
Drafting process
The
Because nationally and internationally this process was not considered democratic by some, the constitution was not at the time considered legitimate, though it provided some political stability to Bolivia.[5] Therefore, there was an ongoing process of renegotiation: this included dialogue in Cochabamba between the President and opposition Prefects in September 2008; and in Congress during negotiations for a referendum in October 2008.[6]
Text and provisions of the 2009 Constitution
Organization
The text of the constitution is divided in five broad parts:
- Part One: Fundamental Bases of the State, Rights, Obligations, and Guarantees
- Part Two: Functional Structure and Organization of the State
- Part Three: Territorial Structure and Organization of the State
- Part Four: Economic Structure and Organization of the State
- Part Five: Hierarchy of Norms and Reform of the Constitution
Each part is divided into titles, and these titles into chapters. Some chapters are themselves divided into sections. Altogether the constitution has 411 articles.[7]
State and democracy
Bolivia is established by the current constitution as a plural and unitary state:
Article 1
Bolivia is constituted as a Unitary Social State of Plurinational, Community-Based Law, free, independent, sovereign, democratic, intercultural, decentralized, and with autonomies. Bolivia is founded in plurality and political, economic, juridical, cultural, and linguistic pluralism within the integrating process of the country.— Political Constitution of the State, First Part, Title I, Chapter One: Model of State, Nueva Constitución Política del Estado, p. 3.
The Constitution (in Chapter Three of Title I) defines the forms of democracy—participatory, representative and community-based—and structure of government to be used in Bolivia. Direct and participatory democracy takes place through
Bolivia also becomes a "pacifist state" that rejects war, although it reserves a right to "legitimate defense." The Constitution prohibits the installation of foreign military bases within the country.[8]
The Constitution is established as the supreme law of the Bolivian state,
The Constitution assigns the role of national capital to Sucre, not referring to La Paz in the text. Nonetheless the Palacio Quemado (the Presidential Palace and seat of Bolivian executive power) is located in La Paz, as are the National Congress and Plurinational Electoral Organ. La Paz thus continues to be the seat of government and de facto administrative capital.
Article 6
I. Sucre is the Capital of Bolivia.— Political Constitution of the State, First Part, Title I, Chapter One: Model of State, Nueva Constitución Política del Estado, p. 4.
Electoral system
The electoral authorities, which will become a fourth constitutional power, will be situated in Sucre.
Following the Constitution's enactment, new elections to all public bodies are to be held, and all previous terms will not be considered for term limits. Additionally, the President will be allowed to be re-elected once, thus allowing Evo Morales two more terms if he decides to pursue this route. Furthermore, if no candidate gains more than 50% of the vote in the presidential election, there will be a second round; up to now, the National Congress decided who would become president in such a case.
Atacama corridor
The 2009 Constitution of Bolivia states that the country has an unrenounceable right over the territory that gives it access to the
The constitution states the following:
Article 267
I. The state of Bolivia declares its indispensable and irreversible right over the territories that give it access to the Pacific Ocean and its maritime space. II.The effective solution to the maritime problem is to be carried out by peaceful means and the exercise of sovereignty over said territory, constitutes permanent objectives and indispensable ones of the Bolivian State.— Second Part, Title VIII, Chapter Four: Maritime Restoration, Nueva Constitución Política del Estado (p. 62)
Coca
One important change in the new constitution is the introduction of an article concerning coca. The article states:
Article 384
The State shall protect native and ancestral coca as cultural patrimony, a renewable natural resource of Bolivia's biodiversity, and as a factor of social cohesion; in its natural state it is not a narcotic. Its revaluing, production, commercialization, and industrialization shall be regulated by law.
— Fourth Part, Title II, Chapter Seven: Coca, Nueva Constitución Política del Estado,(p. 89)
Transition and implementation
The 2009 Constitution is accompanied by a transitional law. In order for the various bodies of government created under the Constitution to function a set of five structural laws were needed, and a deadline of 180 days following the enactment of the Constitution was set for these laws to be passed. They are:
- The Electoral Organs Law
- The Judicial Organs Law
- The Framework Law on Autonomies
- The Electoral Regime Law
- The Constitutional Court Law
An analysis by
Changed institutions
The 2009 Constitution replaces or renames a wide variety of institutions. This following table is a summary of such changes.
| Old Institution | Final date | New Institution | Starting date | Changes |
|---|---|---|---|---|
| Republic of Bolivia | Plurinational State of Bolivia | 22 January 2010 | ||
National Congress Congreso Nacional |
Plurinational Legislative Assembly Asamblea Legislativa Plurinacional |
Includes indigenous representatives | ||
| National Electoral Court Corte Nacional Electoral |
Plurinational Electoral Organ Orgáno Electoral Plurinacional |
Elevated to a fourth branch of government
| ||
| National Electoral Court Corte Nacional Electoral |
Supreme Electoral Court Tribuno Supremo Electoral |
15 August 2010 | The governing court of the Plurinational Electoral Organ is named distinctly from the body as a whole. | |
Supreme Court Corte Suprema de Justicia |
Supreme Court of Justice Tribuno Supremo de Justicia |
3 January 2012 | National and departmental courts are chosen through elections. The high court is renamed and constitutionality questions are now handled by a separate court. | |
Plurinational Constitutional Court Tribunal Constitucional Plurinacional |
3 January 2012 | |||
| Department-level institutions | ||||
| Prefecture Prefectura |
Government Gobierno or Gobernación departamental |
Have executive-legislative division of powers, more direct election, and their own statutes of autonomy | ||
| Prefect Prefecto |
Governor Gobernador |
Highest executive official. Chosen by popular election, rather than by presidential nomination (since December 2005 elections) | ||
| Departmental Council (of councilmen and councilwomen) Consejo departamental (of consejeros) |
Departmental legislative assembly (of assemblymen and assemblywomen) Asamblea legislativa departamental (of asambleístas) |
Legislative officials. Formerly chosen by municipalities, now directly elected by vote or indigenous elections | ||
| Regional institutions | ||||
Native Community Land Tierra Comunitaria de Origen |
Indigenous Originary Campesino Territory Territorio Indígena Originaria Campesino |
Made into a part of a multi-level system of autonomies | ||
Past constitutions
Bolivia has had seventeen constitutions, including the present one, since its foundation in 1825. Its previous constitutions were enacted in 1826, 1831, 1834, 1839, 1843, 1851, 1861, 1868, 1871, 1878, 1880, 1938, 1945, 1947, 1961 and 1967.[4]
| In force start | In force end | Name | Name of State | Drafted and adopted by | Amended |
|---|---|---|---|---|---|
| 1938 | 1945 | Bolivian Constitution of 1938
|
Republic of Bolivia | National Convention of 1938 , meeting 23 May 1938 – 30 October 1938.
|
|
| 1945 | 1947 | Bolivian Constitution of 1945 | Republic of Bolivia | National Convention of 1945, meeting 4 July 1945 – 3 August 1945. | |
| 1947 | ? | Bolivian Constitution of 1947 | Republic of Bolivia | No Constituent Assembly was convened. | |
| 1961 | 2 February 1967 | Bolivian Constitution of 1961 | Republic of Bolivia | No Constituent Assembly was convened. | |
| 2 February 1967 | 7 February 2009 | Bolivian Constitution of 1967 | Republic of Bolivia | Constituent Assembly of 1967 | Reformed in 1994, 1995, 2002, 2004, and 2005 |
| Constitutional rule was suspended from 1969 to 1982. | |||||
| 7 February 2009 | Bolivian Constitution of 2009 | Plurinational State of Bolivia | Bolivian Constituent Assembly of 2006-2007 ; adopted by referendum 25 January 2009.
|
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See also
- Bolivian constitutional referendum, 2009
- Bolivian constitutional referendum, 2016
- Constitution
- Constitutional law
- Constitutional economics
- Constitutionalism
References
- ^ El Mercurio (2009-02-08). "Evo Morales promulga la nueva Constitución y proclama el "socialismo comunitario"". Retrieved 2009-02-12. [dead link]
- BBC World News (2009-02-07). "Bolivia promulga nueva Constitución". BBC News. Retrieved 2009-02-12.
- ^ Corte Nacional Electoral. "Referéndum Nacional Constituyente 2009". Archived from the original on 2009-02-03. Retrieved 2009-02-09.
- ^ a b Yahoo! News (2009-02-08). "Características de la nueva Constitución boliviana". Retrieved 2009-02-08.[permanent dead link]
- ^ Thomas Perreault (2008). "'Natural Gas, Indigenous Mobilization and the Bolivian State'". United Nations Research Institute for Social Development.
- ^ Prada Alcoreza, Raúl (2010). "Raúl Prada: A la interior de la Asamblea Constituyente". In Maristella Svampa; Pablo Stefanoni; Bruno Fornillo (eds.). Balance y perspectivas: Intelectuales en el primer gobierno de Evo Morales (boliviana ed.). La Paz: Le Monde Diplomatique.
- ^ a b "Índice". Nueva Constitución Política del Estado (PDF). Archived from the original (PDF) on January 26, 2011.
- ^ "Primera Parte, Título I, Capítulo Segundo". Nueva Constitución Política del Estado (PDF). pp. 3–4. Archived from the original (PDF) on May 21, 2009.
- ^ "Quinta, Título Únic". Nueva Constitución Política del Estado (PDF). p. 95. Archived from the original (PDF) on January 26, 2011.
- ^ "Bolivia (Plurinational State of) 2009". Constitute. Retrieved 9 April 2015.
- ^ CAPÍTULO CUARTO, REIVINDICACIÓN MARÍTIMA. Artículo 267. I. El Estado boliviano declara su derecho irrenunciable e imprescriptible sobre el territorio que le dé acceso al océano Pacífico y su espacio marítimo. II. La solución efectiva al diferendo marítimo a través de medios pacíficos y el ejercicio pleno de la soberanía sobre dicho territorio constituyen objetivos permanentes e irrenunciables del Estado boliviano.Constitution of Bolivia
- ^ "DE 103 LEYES APROBADAS, 16 IMPLEMENTAN LA CPE · la-razon.com". La Razón. 2011-04-23. pp. A5. Retrieved 2011-04-28.[permanent dead link]
External links
- Text of the 2009 Constitution (PDF) (in Spanish)
- English translation of 2009 Constitution (PDF)
- Miradas. Nuevo Texto Constitucional (A Closer Look: Bolivia's New Constitution) IDEA, Vice Presidency of Bolivia, Universidad Mayor de San Andrés, 2010. ISBN 978-91-85724-84-0(in Spanish)
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