September 20, 1947 law
CONSTITUTIONAL REFORMS. â€ " They are introduced into the State Police Constitution.
ENRIQUE HERTZOG G.
CONSTITUTIONAL PRESIDENT OF THE REPAsBLICA
For the Honorable National Congress has sanctioned the Next Law:
THE H. NATIONAL CONGRESS
ArtA-cull lo.â€ " The following reforms are incorporated into the Polish State Constitution:
PERIOD OF EXECUTIVE POWER
The Article 85 is worded as follows:
" The President's Vice President of the Republic is four years unextendable. None of them will be re-elected or the Vice President will be elected President of the Republic, but after four years after the end of his term.
KNOWLEDGE AND DECISION OF THE CROSS-PARTY AND NULLITY
The attribute is modified. Article 60 in the following terms:
" Qualify the credentials of their respective members. The invalidity of the credentials of Senators and Deputies could be demanded before the Supreme Court, whose ruling will be irreviewable by the CAs. If by qualifying non-sued credentials before the Supreme Court, the CA will find grounds for nullity, refer to the case for a resolution of two-thirds of the votes, to the knowledge and decision of the court. "
To item 140 is added a paragraph:
"3o.â€" Decide on the validity or invalidity of the elections, in the cases established by the Constitution and the laws ".
To article 143, an attribute is given:
"12.â€" To know and to fail in a single instance on the validity or invalidity of the elections of Senators and Deputies, as on the inability of the elect ".
The last part of the attribute 10a is deleted from the article 143, and it must be written in the following terms:
"10a.â€" To know in a single instance, of the judgments against the resolutions of the Legislative Power or of one of (s) shall, where such resolutions affect one or more specific rights, be civil or political and whatever the persons concerned are. "
FACULTY OF LEGISLATIVE POWER IN THE MATTER OF
TAXES AND EXPENSES
The attribute 2a. Article 59 is worded as follows:
"2a.â€" Impose contributions of any kind or nature, delete the existing ones, determine their national, departmental or municipal character and fix the tax costs. The contributions shall be delayed for an indefinite period, unless the respective laws are within a specified period for their validity "
The attribute 11a. Article 59 is worded as follows:
11.â€ "Create and delete public jobs, fix their emoluments, determine or modify their attributions".
The Article 67 is worded as follows:
Article 67 67.â€ " The exercise of the privileges 3a., 4a., 5a. Article 59 shall have a gene in the CA of Deputies at the initiative of one or more of its members or of the Executive Branch. "
The attribute 7a. Article 94 is worded as follows:
"7a.â€" To present to the Legislative Assembly in the first ordinary session, the national and departmental budgets for the next financial measure and to propose, during its validity, the modifications that considers necessary. The account of public expenditure in accordance with the previous budget shall be submitted annually. '
Article 113 shall be drawn up in the following:
"ArtA-culo 113.a€" The Executive will present to the Legislative Assembly, in its first regular session, the bills of the national and departmental budgets. Produced the report of the respective Commission or without it, once 20 days have elapsed since the first regular session, the projects of preuposition will be considered immediately by the CA of Deputies, in permanent session. The Senate will proceed in the same way, computing the 20 dA-as for the consideration of the projects of preuposition, from the date on which they were delivered to their A-A ".
The article 114 is replaced in the following form:
"ArtA-culo 114.a€" If in the course of ninety days, to count of the inauguration of the legislative tasks, the national and departmental budgets are not sanctioned, the The current fiscal year will continue to be the same as the fiscal, provided that the Legislative Assembly does not sanction the preupost for two consecutive years, the last project which the Executive has preented and which would not have been approved, regirA during the next fiscal year "
The following items:
"Article .â€" When considering the draft budget, the CA will be able to accept, reduce or reject the services, salaries, increases and jobs that are proposed, but will not be able to create new items. It will not apply to the services that are dependent on the legislative branch. "
" ArtA-culo. â€ " The President of the Republic with the agreement of the Council of Ministers, may decree payments not authorized by the Law of the Budget, Only in order to attend to the urgent needs arising from public calamities, from internal shocks or from the exhaustion of resources destined to maintain the services whose realization will cause to serious damage to the Republic. The expenditure for these purposes will not exceed one percent of the total expenditures authorized by the National Budget.
The Ministers of State and officials who are in charge of spending that contravene the provisions of this Article, be held jointly and severally liable for their reinstatement and guilty of the offence of misappropriation of public flows. "
Article 148 is worded as follows:
" Article 148.a€ " The government Communal is autononimo. In the capitals of the Department there will be a Municipal Council and a Mayor. In the provinces, in its sections and in the ports, you will have Juntas Municipality. The mayors will be rented.
In the cantons there will be municipal agents.
The members of the Municipal Councils and Boards, will be elected by popular suffrage, according to the incomplete list system and by the two-year period. The Mayors shall be elected by the respective Councils or Municipal Boards, by the two-year period. "
Article 149, is worded as follows:
"Article 149.a€" They are the privileges of the Municipal Councils and Boards:
la.â€ "Dictate ordinances for the good service of the populations;
2a.â€" Approve annually the Municipal budget at the initiative of the Mayor.
3a.â€ "To establish and abolish municipal taxes, after approval of the Senate.
4a.â€" To propose to the mayors for the design of the employees of the Municipality.
5a.â€ " To know, in degree of appeal, of the resolutions of the Mayor.
7a.â€ "Accept bequests and donations".
Article 150, is worded as follows:
"Article 150,â€" The Municipal Councils shall exercise oversurveillance and control over the Boards of the Department, as well as the Mayors of the Capitals "The Department of the Provincial Mayors and the Chants of the Cantonal Agents".
Article 152 is worded as follows:
"Article 152.a€" They are the privileges of the Mayors:
la.â€ " To attend and monitor services related to good neighbourliness, grooming, comfort, ornato, urbanism and recreation.
2a.â€ "To protect public morale.
3a.â€" To set and control the sale prices of the items of first necessity and the expectations of the public.
4a.â€ " To be used by the services of assistance and social beneficence and to cooperate in The attention of hospitals.
5a.â€ " To promote popular culture.
6a.â€ "Raise and invest the municipal rents according to the budget.
7a.â€" C operating to the supply of the populations.
8a.â€ " Negotiate undertaking for works of recognized need, after approval of the Council Municipal and Senate authorization.
9a.â€ " Repress the speculation.
10a.â€ "Require the public force to enforce its resolutions".
APPOINTMENTS OF DIPLOMATIC AGENTS AND
PROMOTIONS OF GENERALS AND COLONELS
The attribute 3a. Article 94 of Article 94 is worded:
"3a.â€" Driving foreign relations; appointing diplomatic and consular officials; admitting foreign officials in general. The appointment of Ambassadors and Plenipotentiary Ministers will be submitted to the Senate's approval; but these officials are the sole trust of the President of the Republic and will retain their positions as long as they count on it. "
attribute 18a. Article 94, is worded as follows:
"Tax 18a.â€" To appoint the Attorney General and the Comptroller General of the Republic of the third countries proposed by the National Senate, and to the presidents of the economic and social function entities The following privileges are added to the same article:
"24a.â€"propose to the Senate, in case of vacancy, promotions of Generals and Colonels of EjÃ©naria, with a report of its services and promotions ".
"25a.â€" To confer during international war, General or Colonel degrees on the battlefield ".
CHOICE OF MAGISTRATES OF COURTS
Article 68, is worded in the following terms:
" Article " It is up to the CA of the Chamber of Deputies, to elect the justices of the Supreme Court of Justice, by majority, to the absolute majority of the votes, of the terms proposed by the Senate. It is also up to him to charge the Supreme Court Magistrates before the Senate for crimes committed in the exercise of his duties. "
After the article 145, the following article is added:
" ArtA-culo .â€ " The Magistrates The Supreme Court will be elected by the Chamber of Deputies, on a proposal from the Senate. The magistrates of the Courts of Ditrito, will be elected by the Senate, on a proposal of the Supreme Court ".
It is added to the article 72, the following attribute:
" 10a.â€ " To elect by majority-to absolute of votes to the Magistrates of District Courts, of the terms proposed by the Supreme Court ".
The attribution 2a is amended. Article 143, in the following terms:
"2a.â€" Propose terms to the Senate for the election of the District Courts Magistrates; to elect the judges according to the law. The President of the Supreme Court, issued the respective titles "
To Article 145, is added:
" In case of recess of the Senate, it is up to the Supreme Court to appoint the acting members of the Superior Courts. "
the article "the" of the second paragraph of Article 145, which is drawn up, shall be deleted:
"unless in the cases determined by law".
Article 73 is worded in the following terms:
"ArtA-article 73.â€" The laws, except for the cases provided for by the attributions 3a., 4a. and 11a. Article 59, may have origin in the Senate or in the CA of Deputies, at the proposal of one or more of its members, or by message of the Executive Branch, in this case, that the project will be held in the debates by the Minister
The Supreme Court will be able to present bills on the reform of the CAODIgos, through a message to the Legislative Branch.
The Article 74 is left in the following form:
"Article 74â€" Approved the bill in the CA of origin, will pass immediately for discussion to the CA. Executive for its promulgation. "
The Article 77 is worded as follows:
"ArtA-cull 77.â€" If the CA does review, allow twenty days to pass, without ruling on the bill, the CA of origin will claim its office, with a new term of ten (a) the following shall be considered in the session of the Congress ".
Subparagraph 9o. Article 61 of the Article 61 is worded:
"9oâ€" To consider the bills that were approved in the CA of origin, do not force it by the CA review ".
The attribute 4a. Article 94 is worded as follows:
"4a.â€" Concourse to the formation of the laws, by special messages ".
The Article 78 is worded as follows:
Article 78,â€" Any law sanctioned by the Legislative Branch, may be observed by the President of the Republic at the end of ten days, from that in which he would have received it.
The law not observed within the ten days, will be promulgated. If in this term the Congress will be recessed, the President of the Republic shall publish the message of his observations, in order to be considered in the next Legislature. "
The last part of paragraph 2o is deleted. Article 79, which states:
"If it does not, the law will be promulgated by the President of the Congress."
The following article is added to the article 79:
"ArtA-cull. â€" The laws not vetoed or not enacted by the President of the Republic, at the end of ten days from its reception, will be promulgated by the President of the Congress ".
"Transitional Article.â€ " The reform of the Article 85, will take effect from the present President.-The President-in-Office of the President-in-Office. of the Decree Law of 15 October 1946 and lo. of the Law of 8 March of the present year, shall last until 6 August 1951.
Communicate to the Executive Branch for Constitutional Purposes.
Session Room of the H. National Congress.
La Paz, August 28, 1947.
M. Urriolagoitia.â € "A. LandA-var Ribera. -- M. Mogro Moreno, Congress Secretario.â€" P. Saucedo BerberA-, Congreso Secretario.â€ " P. MontaA ± o, Congresal Secretario.â€ " A. Camacho Pábércel, Congreso Secretario.
FOR TANTO: I enact it so that it has and will comply as Law of the Republic.
Palace of Government, in the city of La Paz, at twenty days of the month of September of a thousand nine hundred and forty and seven years.
E. HERTZOG.â€ " Alfredo Mollinedo.