Constitution of Bolivia
Encyclopedia
The current Constitution of Bolivia is the 17th constitution in the country's history
; previous constitutions were enacted in 1826, 1831, 1834, 1839, 1843, 1851, 1861, 1868, 1871, 1878, 1880, 1938, 1945, 1947, 1961 and 1967. It came into effect on February 7, 2009, when it was promulgated by President
Evo Morales
after being approved in a referendum with 90.24% participation. The referendum was held on January 25, 2009, and the constitution was approved by 61.43% of voters.
The 2009 Constitution defines Bolivia as a unitary
plurinational, and secular (rather than a Catholic, as before) state, formally known as the Plurinational State of Bolivia. It calls for a mixed economy of state, private, and communal ownership; restricts private land ownership to a maximum of 5,000 hectare
s (12,400 acre
s); recognizes a variety of autonomies
at the local and departmental level. It elevates the electoral authorities, to become a fourth constitutional power; introduces the possibility of recall election
s for all elected officials; and enlarges the Senate. Members of the enlarged National Congress will be elected by first past the post voting
in the future, in a change from the previous mixed member proportional system
. The judiciary is reformed, and judges will be elected in the future and no longer appointed by the National Congress. It declares natural resources to be the exclusive dominion of the Bolivian people, administered by the state. Sucre
will be acknowledged as Bolivia's capital, but the institutions will remain where they are (executive and legislative in La Paz
, judiciary in Sucre). The electoral authorities will be situated in Sucre.
and Oruro
from 6 August 2006 to 9 December 2007. The constitution was further modified by an Editing Commission before being present to Congress on 14 December 2007; by the Cochabamba Dialogue between the President and opposition Prefects in September 2008; and in Congress during negotiations for a referendum in October 2008.
Each part is divided into titles, and these titles into chapters. Some chapters are themselves divided into sections. Altogether the constitution has 411 articles.
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 referenda
, citizen legislative initiatives
, revocation
of elected official's mandates, assemblies
, cabildo
s and prior consultation. Representative democracy takes place through the election of representatives through universal, direct, and secret vote. Communal democracy takes place through the "election, designation or nomination of authorities and representatives" among indigenous
, originary, or campesino peoples and nations, using their own norms and procedures. The same chapter establishes a separation of powers between four branches of government: legistlative
, executive
, judicial
, and electoral
.
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.
The Constitution is established as the supreme law of the Bolivian state, and 36 indigenous languages as well as Spanish
are declared official languages. All departmental governments must use, as official languages, one indigenous language in addition to Spanish.
The Constitution assigns the role of national capital to Sucre
, not referring to La Paz
in the text. Nonetheless, given the Palacio Quemado
(the Presidential Palace and seat of Bolivian executive power
) is located in La Paz, the later continues to be the seat of government and administrative capital de facto, while Sucre becomes the official capital.
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.
and its maritime space. This is understood as Chilean territory that Bolivia ceded in Treaty of Peace and Friendship of 1904 between Chile and Bolivia after the War of the Pacific
which left Bolivia a landlocked
country. The text also pledges to achieve resolution to the issue "through peaceful means."
The constitution states the following:
. The article states:
An analysis by Minister of Autonomy
Carlos Romero
estimates that at least 106 laws must be approved to fully implement the new constitution. , sixteen such laws had been passed. The head of the MAS-IPSP delegation in the Chamber of Deputies has pledged to prioritize 40 further "necessary" laws in 2011 sessions.
History of Bolivia
This is the history of Bolivia. See also the history of Latin America and the history of the Americas.Bolivia is a landlocked country in South America...
; previous constitutions were enacted in 1826, 1831, 1834, 1839, 1843, 1851, 1861, 1868, 1871, 1878, 1880, 1938, 1945, 1947, 1961 and 1967. It came into effect on February 7, 2009, when it was promulgated by President
President of Bolivia
The President of Bolivia is head of state and head of government of Bolivia. According to the current Constitution, the president is elected by popular vote to a five year term, renewable once...
Evo Morales
Evo Morales
Juan Evo Morales Ayma , popularly known as Evo , is a Bolivian politician and activist, currently serving as the 80th President of Bolivia, a position that he has held since 2006. He is also the leader of both the Movement for Socialism party and the cocalero trade union...
after being approved in a referendum with 90.24% participation. The referendum was held on January 25, 2009, and the constitution was approved by 61.43% of voters.
The 2009 Constitution defines Bolivia as a unitary
Unitary state
A unitary state is a state governed as one single unit in which the central government is supreme and any administrative divisions exercise only powers that their central government chooses to delegate...
plurinational, and secular (rather than a Catholic, as before) state, formally known as the Plurinational State of Bolivia. It calls for a mixed economy of state, private, and communal ownership; restricts private land ownership to a maximum of 5,000 hectare
Hectare
The hectare is a metric unit of area defined as 10,000 square metres , and primarily used in the measurement of land. In 1795, when the metric system was introduced, the are was defined as being 100 square metres and the hectare was thus 100 ares or 1/100 km2...
s (12,400 acre
Acre
The acre is a unit of area in a number of different systems, including the imperial and U.S. customary systems. The most commonly used acres today are the international acre and, in the United States, the survey acre. The most common use of the acre is to measure tracts of land.The acre is related...
s); recognizes a variety of autonomies
Autonomy
Autonomy is a concept found in moral, political and bioethical philosophy. Within these contexts, it is the capacity of a rational individual to make an informed, un-coerced decision...
at the local and departmental level. It elevates the electoral authorities, to become a fourth constitutional power; introduces the possibility of recall election
Recall election
A recall election is a procedure by which voters can remove an elected official from office through a direct vote before his or her term has ended...
s for all elected officials; and enlarges the Senate. Members of the enlarged National Congress will be elected by first past the post voting
Plurality voting system
The plurality voting system is a single-winner voting system often used to elect executive officers or to elect members of a legislative assembly which is based on single-member constituencies...
in the future, in a change from the previous mixed member proportional system
Mixed member proportional representation
Mixed-member proportional representation, also termed mixed-member proportional voting and commonly abbreviated to MMP, is a voting system originally used to elect representatives to the German Bundestag, and nowadays adopted by numerous legislatures around the world...
. The judiciary is reformed, and judges will be elected in the future and no longer appointed by the National Congress. It declares natural resources to be the exclusive dominion of the Bolivian people, administered by the state. Sucre
Sucre
Sucre, also known historically as Charcas, La Plata and Chuquisaca is the constitutional capital of Bolivia and the capital of the department of Chuquisaca. Located in the south-central part of the country, Sucre lies at an elevation of 2750m...
will be acknowledged as Bolivia's capital, but the institutions will remain where they are (executive and legislative in La Paz
La Paz
Nuestra Señora de La Paz is the administrative capital of Bolivia, as well as the departmental capital of the La Paz Department, and the second largest city in the country after Santa Cruz de la Sierra...
, judiciary in Sucre). The electoral authorities will be situated in Sucre.
Predecessor constitutions
Bolivia's sixteen previous constitutions were enacted in 1826, 1831, 1834, 1839, 1843, 1851, 1861, 1868, 1871, 1878, 1880, 1938, 1945, 1947, 1961 and 1967.Drafting process
The Political Constitution of the State was drafted by the Constituent Assembly, an elected body that met in SucreSucre
Sucre, also known historically as Charcas, La Plata and Chuquisaca is the constitutional capital of Bolivia and the capital of the department of Chuquisaca. Located in the south-central part of the country, Sucre lies at an elevation of 2750m...
and Oruro
Oruro, Bolivia
Oruro is a city in Bolivia with a population of 235,393 , located about equidistant between La Paz and Sucre at approximately 3710 meters above sea level. It is the capital of the department of Oruro....
from 6 August 2006 to 9 December 2007. The constitution was further modified by an Editing Commission before being present to Congress on 14 December 2007; by the Cochabamba Dialogue between the President and opposition Prefects in September 2008; and in Congress during negotiations for a referendum in October 2008.
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.
State and democracy
Bolivia is established by the current constitution as a plural and unitary state: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 referenda
Referendum
A referendum is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. This may result in the adoption of a new constitution, a constitutional amendment, a law, the recall of an elected official or simply a specific government policy. It is a form of...
, citizen legislative initiatives
Initiative
In political science, an initiative is a means by which a petition signed by a certain minimum number of registered voters can force a public vote...
, revocation
Recall election
A recall election is a procedure by which voters can remove an elected official from office through a direct vote before his or her term has ended...
of elected official's mandates, assemblies
Mass meeting
In parliamentary law, a mass meeting is a type of deliberative assembly, which in a publicized or selectively distributed notice known as the call of the meeting - has been announced:...
, cabildo
Cabildo (council)
For a discussion of the contemporary Spanish and Latin American cabildo, see Ayuntamiento.A cabildo or ayuntamiento was a former Spanish, colonial administrative council that governed a municipality. Cabildos were sometimes appointed, sometimes elected, but were considered to be representative of...
s and prior consultation. Representative democracy takes place through the election of representatives through universal, direct, and secret vote. Communal democracy takes place through the "election, designation or nomination of authorities and representatives" among indigenous
Indigenous peoples
Indigenous peoples are ethnic groups that are defined as indigenous according to one of the various definitions of the term, there is no universally accepted definition but most of which carry connotations of being the "original inhabitants" of a territory....
, originary, or campesino peoples and nations, using their own norms and procedures. The same chapter establishes a separation of powers between four branches of government: legistlative
Legislature
A legislature is a kind of deliberative assembly with the power to pass, amend, and repeal laws. The law created by a legislature is called legislation or statutory law. In addition to enacting laws, legislatures usually have exclusive authority to raise or lower taxes and adopt the budget and...
, executive
Executive (government)
Executive branch of Government is the part of government that has sole authority and responsibility for the daily administration of the state bureaucracy. The division of power into separate branches of government is central to the idea of the separation of powers.In many countries, the term...
, judicial
Judiciary
The judiciary is the system of courts that interprets and applies the law in the name of the state. The judiciary also provides a mechanism for the resolution of disputes...
, and electoral
Electoral branch
The electoral branch of a government is a branch of government, co-equal to or autonomous from others such as the legislative or judicial branches, which coordinates and adjudicates the conducting of elections...
.
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.
The Constitution is established as the supreme law of the Bolivian state, and 36 indigenous languages as well as Spanish
Spanish language
Spanish , also known as Castilian , is a Romance language in the Ibero-Romance group that evolved from several languages and dialects in central-northern Iberia around the 9th century and gradually spread with the expansion of the Kingdom of Castile into central and southern Iberia during the...
are declared official languages. All departmental governments must use, as official languages, one indigenous language in addition to Spanish.
The Constitution assigns the role of national capital to Sucre
Sucre
Sucre, also known historically as Charcas, La Plata and Chuquisaca is the constitutional capital of Bolivia and the capital of the department of Chuquisaca. Located in the south-central part of the country, Sucre lies at an elevation of 2750m...
, not referring to La Paz
La Paz
Nuestra Señora de La Paz is the administrative capital of Bolivia, as well as the departmental capital of the La Paz Department, and the second largest city in the country after Santa Cruz de la Sierra...
in the text. Nonetheless, given the Palacio Quemado
Palacio Quemado
The Palacio Quemado is a popular name to denote the Bolivian Palace of Government, located on Plaza Murillo in downtown La Paz. It is the building from which the Bolivian executive conducts its business.The building has had many incarnations...
(the Presidential Palace and seat of Bolivian executive power
Executive (government)
Executive branch of Government is the part of government that has sole authority and responsibility for the daily administration of the state bureaucracy. The division of power into separate branches of government is central to the idea of the separation of powers.In many countries, the term...
) is located in La Paz, the later continues to be the seat of government and administrative capital de facto, while Sucre becomes the official capital.
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 unrenounciable right over the territory that gives it access to the Pacific OceanPacific Ocean
The Pacific Ocean is the largest of the Earth's oceanic divisions. It extends from the Arctic in the north to the Southern Ocean in the south, bounded by Asia and Australia in the west, and the Americas in the east.At 165.2 million square kilometres in area, this largest division of the World...
and its maritime space. This is understood as Chilean territory that Bolivia ceded in Treaty of Peace and Friendship of 1904 between Chile and Bolivia after the War of the Pacific
War of the Pacific
The War of the Pacific took place in western South America from 1879 through 1883. Chile fought against Bolivia and Peru. Despite cooperation among the three nations in the war against Spain, disputes soon arose over the mineral-rich Peruvian provinces of Tarapaca, Tacna, and Arica, and the...
which left Bolivia a landlocked
Landlocked
A landlocked country is a country entirely enclosed by land, or whose only coastlines lie on closed seas. There are 48 landlocked countries in the world, including partially recognized states...
country. The text also pledges to achieve resolution to the issue "through peaceful means."
The constitution states the following:
Coca
One important change in the new constitution is the introduction of an article concerning cocaCoca
Coca, Erythroxylum coca, is a plant in the family Erythroxylaceae, native to western South America. The plant plays a significant role in many traditional Andean cultures...
. The article states:
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 Tribunal Law
An analysis by Minister of Autonomy
Ministry of Autonomy
The Ministry of Autonomy is a Bolivian government ministry which oversees the distribution of powers among regional bodies, including departments, municipalities, autonomous regions, and autonomous indigenous governments in Native Community Lands and indigenous municipalities...
Carlos Romero
Carlos Romero
Carlos Romero Carlos Romero Carlos Romero (15 February 1927 – 21 June 2007, was an American actor, noted for his many appearances on television. In addition to his many television appearances, he also acted in several movies including The Young Land, They Came to Cordura, Island of the Blue...
estimates that at least 106 laws must be approved to fully implement the new constitution. , sixteen such laws had been passed. The head of the MAS-IPSP delegation in the Chamber of Deputies has pledged to prioritize 40 further "necessary" laws in 2011 sessions.
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 National Congress of Bolivia The Plurinational Legislative Assembly also known as the National Congress is the national legislature of Bolivia, based in the nation's de facto capital, La Paz.... Congreso Nacional |
Plurinational Legislative Assembly Asamblea Legislativa Plurinacional |
Includes indigenous representatives | ||
| National Electoral Court National Electoral Court of Bolivia The National Electoral Court was the government-appointed court which oversaw elections and electoral results at all levels of Bolivian government from 1956 to 2010, and supervised nine Departmental Electoral Courts in each department... Corte Nacional Electoral |
Plurinational Electoral Organ Plurinational Electoral Organ The Plurinational Electoral Organ is the independent electoral branch of the government of Bolivia. It replaced the National Electoral Court in 2010. The branch consists of the 7-member Supreme Electoral Tribunal, the nine Departmental Electoral Tribunals, Electoral Judges, the anonymously selected... Orgáno Electoral Plurinacional |
Elevated to a fourth branch of government | ||
| National Electoral Court National Electoral Court of Bolivia The National Electoral Court was the government-appointed court which oversaw elections and electoral results at all levels of Bolivian government from 1956 to 2010, and supervised nine Departmental Electoral Courts in each department... Corte Nacional Electoral |
Supreme Electoral Tribunal of Bolivia Tribuno Supremo Electoral |
15 August 2010 | The governing court of the Plurinational Electoral Organ Plurinational Electoral Organ The Plurinational Electoral Organ is the independent electoral branch of the government of Bolivia. It replaced the National Electoral Court in 2010. The branch consists of the 7-member Supreme Electoral Tribunal, the nine Departmental Electoral Tribunals, Electoral Judges, the anonymously selected... is named distinctly from the body as a whole. |
|
| 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.| 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 Bolivian Constitution of 1967 .The Political Constitution of the Republic of Bolivia, approved on February 2, 1967, and promulgated on February 3, 1967, was the 16th constitution in the country's history. The text was drafted by the Bolivian Contsituent Assembly of 1966-67, which met from August 16, 1966 to February 3, 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. | ||
See also
- Bolivian constitutional referendum, 2009
- ConstitutionConstitutionA constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...
- Constitutional lawConstitutional lawConstitutional law is the body of law which defines the relationship of different entities within a state, namely, the executive, the legislature and the judiciary....
- Constitutional economicsConstitutional economicsConstitutional economics is a research program in economics and constitutionalism that has been described as extending beyond the definition of 'the economic analysis of constitutional law' in explaining the choice "of alternative sets of legal-institutional-constitutional rules that constrain the...
- ConstitutionalismConstitutionalismConstitutionalism has a variety of meanings. Most generally, it is "a complex of ideas, attitudes, and patterns of behavior elaborating the principle that the authority of government derives from and is limited by a body of fundamental law"....
External links
- Text of the 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