Political Constitution Of The State.

Original Language Title: CONSTITUCION POLITICA DEL ESTADO.

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LEI OF FEBRUARY 15

STATE POLITICAL CONSTITUTION.

IN THE NAME OF GOD

The Bolivian people represented by the Constituent Assembly of one thousand eight hundred and seventy-seven, sanctioning and proclaiming the following

CONSTITUTION

FIRST SECTION

OF THE NATION

ArtA-article 1.A ° BOLIVIA free and independent, constituted in unitary Republic, adopts for its government the democratic form representative.

Art. 2. ° The state recognizes and holds the catholic, apostolic, Roman relic; forbidding the public exercise of all other worship.

SECTION SECOND

OF THE RIGHTS AND GUARANTEES

Art. 3. ° Slavery does not exist in Bolivia. Every slave who piss on the Bolivian territory is free.

Art. 4. ° Every man has the right to enter into the territory of the Republic, to remain, to transit and to leave the territory, without other restrictions than those established by international law: to work and to exercise any industry of the law; to publish his thoughts by the press without prior censorship; of teaching under the vexilance of the State, without other conditions than those of capacity and morality; of associating, of meeting peacefully and making requests individually or collectively.

primary instruction is free and compulsory.

Art. 5. ° No one can be arrested, detained or imprisoned, but in the cases and according to the forms established by the lei; required for the execution of the respective commandment, which was issued by competent authority and is intimated in writing.

Art. 6. ° All delinquent in†" fraganti can be apprehended, even without commandment, by anyone for the only object to lead him before a competent judge, who should take his declaration, at the most, within twenty-four hours.

Art. 7. ° The officers of the prisons to no one will receive in them as arrested, imprisoned or detained, without copying the corresponding commandment. However, they may receive in the prison chamber the ones conducted with the object of being presented to the competent judge; but this is under the obligation to give the account to the judge within twenty-four hours.

Art. 8. ° The attacks against personal security, hold responsible their immediate authors, without it being able to serve them as a team of superior ones.

Art. 9. ° No one can be judged by special commissions or subjected to other judges than those appointed prior to the fact of the cause. Only those who enjoy military jurisdiction can be tried for war advice.

Art. 10. No one is obliged to testify against sA-himself in criminal matters, nor is he, on the same fact, his consanguing relatives up to the fourth degree inclusive, nor his kindred until the second.

In no case will the tormento or other mortification jénero.

Art. 11. The confiscation of goods will never be applied as a political punishment.

The epistolary correspondence and the private papers are inviolable, which cannot be occupied but in the cases determined by the laws and by virtue of written and motivated authority of competent authority. Letters or private papers violated or subtracted do not produce legal effect.

Art. 12. Every house is an inviolable asylum: at night you cannot enter it without the consent of the one who inhabits it, and by day only the entry to written and motivated requisition of competent authority, except in the case of a crime in fraganti. No military will be far away from peace at home, without the consent of the dueA, or in time of war, but in the manner prescribed by the lei.

Art. 13. The property is inviolable; the expropriation cannot be imposed but because of public utility, qualified according to lei, and after fair compensation.

Art. 14. No tax is compulsory but when it has been established by the Legislative Branch in accordance with the requirements of this Constitution. All can seek recourse to the respective judicial authority against illegal taxes.

Municipal taxes are compulsory, when the requirements of this Constitution have been observed in their creation.

Art. 15. No money shall be taken from the national, departmental, municipal and instructional treasures, but according to the respective budgets. The account of each quarter will be published, when later, within sixty days of their expiration.

The Minister of Finance will publish the account corresponding to the national treasury; the superintendents regarding their respective classes.

Art. 16. Equality is the basis of tax and public burdens. No personal service is exijable but by virtue of lei or executed statement.

Art. 17. The real estate of the Church and the properties belonging to educational establishments, charities and municipalities, to communities or to reliable corporations, will enjoy the same guarantees as those of private individuals.

Art. 18. Public debt is guaranteed. Any commitment to the State in accordance with the laws is inviolable.

Art. 19. Every man enjoys civil rights in Bolivia; his exercise is enforced by the civil lei.

Art. 20. Only the Lejislative Power has authority to alter and modify the codes, as to dictate regulations or provisions regarding judicial procedures.

Art. 21. The death penalty is abolished, and the only cases of punishment with them, the murder, the parricide and the betrayal of the fatherland are being abolished; it is understood by treason, complicity with the enemy during the state of war.

Art. 22. The penalty of infamy and civil death are abolished.

Art. 23. Acts of those who usurp functions that do not compete with them are null; as are the acts of which they exercise jurisdiction or power that does not emanate from the lei.

Art. 24The principles, guarantees and rights recognized in the previous articles, cannot be altered by the laws that regulate their exercise.

Art. 25. Those who attack the constitutional rights and guarantees do not enjoy a jurisdiction and are subject to the ordinary jurisdiction.

SECTION THIRD

OF THE CONSERVATION OF THE " RDEN PAsBLICO

Art. 26. In cases of serious danger due to internal commotion or external war threatening the security of the Republic, the head of the Executive Branch, with a ruling of the Council of Ministers, may declare the state of siege, in the This should be the case, and for as long as it is essential.

Art. 27. The declaration of the status of site produces the following effects:

1.A° The Executive can increase the permanent status and call the active service the national guard:

2.A° To negotiate the anticipation that is indispensable of the contributions and performance of the national income with the corresponding discount; equally, it may negotiate by way of undertaking, sufficient money, provided that the expenses with the ordinary income cannot be covered:

3.A ° PodrA reduce the payment of the civil and ecclesial lists, and the municipal allocations, in a In the case of the Commission,

Council of the European Parliament

the Council of the European Parliament, the Committee of the European Parliament, the Committee of the European Parliament and the Committee of the European People's rights that enshrine this Constitution, will not in fact be subtracted in Janeral with the declaration of the state of siege; but they may be in respect of the people, founded in association with the peace of the Republic; and this will be done as set out in the following rafos:

5.A ° PodrA the remote authority will be required to compare or arrest the syndicates of the crime set forth in the previous paragraph, and must put them within seventy-two hours, (if possible,) at the disposal of the judge the competent authority to whom the documents giving rise to the arrest shall be made, with the particulars which have been applied. If the prosecutions cannot be executed within that term, they may be reserved for when the material has been re-established, but in no case, unless it is amnistA-a, the prosecution may be omitted.

If the The authority may order it, as long as it is not more than fifty leagues, and not healthy places. The removal or arrest may only take place when the individual does not prefer to leave the Republic of the Republic.

6.A ° PodrA will likewise suspend or withhold the epistolary correspondence without violating it, and restore the use of the passports for the persons entering or leaving the besieged territory.

Art. 28. The Government will give the maximum distance of the use it would have made of the privileges conferred on it by the state of siege, espressing the result of the ordered prosecutions and indicating the necessary measures to satisfy the loans that had been contracted both for direct loans and for reductions in the payment of lists and the early perception of taxes.

Art. 29. Congress shall dedicate its first sessions to the account referred to in the preceding article, either by stating its approval or by declaring the responsibility of the Executive Branch.

Art. 30. Neither Congress nor any association, nor popular meeting, can grant the Executive Branch extraordinary powers, nor the sum of public power, nor grant it any kind of reason why the life, honor, and assets of the Bolivians remain The government, or any person.

Deputies who promote, encourage or execute these acts are indeed unworthy of national trust.

SECTION FOURTH

OF THE BOLIVIANS

Art. 31. They are Bolivian birth:

1.A° Those born in the territory of the Republic.

2.A° Those who were born in the stranjero of Bolivian father or mother in service of the Republic or emigrate for political reasons, are Bolivians even for the cases in which I read the condition of being born in the Bolivian territory.

Art. 32. They are also Bolivian:

1.A° The children of Bolivian father or mother, born in stranjero territory, for the only act of coming to Bolivia.

2.A° The stranseros who have resided in the Republic, declare The Municipality of the place where they reside, their willingness to come.

3.A° The stranseros who in prison obtain a letter of nature from the Chamber of Deputies.

SECTION QUINTA

OF THE CITIZENSHIP

Art. 33. To be a citizen is required:

1.A° Being Bolivian: 2.A ° having twenty-one years being single, A³ ten and eight being married; 3.A ° to know how to read and write, and to have a real property or an annual income of two hundred Bolivians who do not comes from services provided in class of domestic: and 4.A ° to be registered in the cA-vico record.

Art. 34. The rights of citizenship-to consist of: 1.A ° in concurring as elector or elejido to the formation or exercise of the public powers; and 2.A ° in the admissibility to the public functions without other requirement than the suitability, exceptions set by this constitution.

Art. 35. The rights of citizens are lost: 1.A ° by naturalization in foreign countries: 2.A ° by judicial condemnation of the competent courts to corporal punishment until rehabilitation; 3.A ° by fraudulent bankruptcy declared; and 4.A ° to admit jobs, functions or decorations of a foreign government, without special permission from the Senate.

Art. 36. The rights of citizenship-to be suspended: for being sub judice by virtue of a decree of charge, or for being executed as a term debtor fulfilled to the tax.

SESTA SECTION

SOVEREIGNTY

Art. 37. The sovereign-a resides essentially in the nation; it is inalienable and imprescriptible, and its exercise is delegated to the legislative, executive and judicial branches. The independence of these powers is the basis of the government.

Art. 38. The people do not give to the government but through their representatives and the authorities created by the Constitution. Every armed force or gathering of people, which is attributed to the rights of the people, commits sedition.

SECTION SEVENTH

THE REMOTE POWER

Art. 39The Legislative Branch resides in the national Congress composed of two chambers, one of deputies and one of senators.

Art. 40. Each year shall be held in the capital of the Republic of the Republic of the Republic on 6 August, even if there has been no call for it: its sessions shall last for sixty days, which may be extended until 90 days in the judgment of the same Congress or at the request of the Executive Power.

Art. 41If ever in the judgment of the Executive it would be for serious reasons, that an ordinary Congress does not meet in the capital of the Republic, you can ask for the call for another place.

Art. 42. Congress can meet extraordinarily by agreement of the majority-to the absolute of both chambers, or by convocation of the Executive Branch, who in this case will determine the place of the meeting.

In both cases, the Congress is a clusively of the business designated in its call.

Art. 43. The marks must work with the presence, when we have, of the majority of their respective members, at the same time, in the same place, and cannot begin or finish the one of their functions on a day different from that of the other.

Art. 44. Deputies and senators may be appointed as President or Vice-President, " President of the Republic, State Ministers, diplomatic officers or military chief in time of war, ceasing for the exercise of their duties.

legislative.

Art. 45. Out of the cases of the previous article, the senators and deputies will not be able to admit jobs. Civil, ecclesial, and military employees, at fixed or eventual salaries, cannot be deputies or senators.

Art. 46. Deputies and senators are inviolable, at all times, by the opinions they issue in the exercise of their functions.

Art. 47. No senator or deputy from the day of his election, until the term of the distance to be returned to his home, may be charged, persecuted or arrested, except in the case of a crime in fraganti subject to corporal punishment, if the which belongs not to license.

You will also not be able to be sued civilly during the period designated in the previous paragraph.

Art. 48. The sessions of the Congress and both will be public, and they will not be secret, but when the two-thirds of the members agree on it.

Art. 49. When a citizen himself is appointed senator and representative, he will prefer the appointment of a senator.

Art. 50. If you are appointed as an MP or a senator from two districts or departments, you will choose.

Art. 51. Senator and Representative charges are waived.

Art. 52. They are attributions of the Lejislative Power:

1. Dictate Laws, open them, modify and interpret them.

2. Impose contributions of any kind or nature, delete the existing ones, and determine if necessary their distribution between departments or provinces.

3. Set the expenses of the public administration at each distance.

4. Also to note in every distance the military force that has to be kept in pié in time of peace. The contributions are decreed for only ten and eight months, and the force is fixed only for the same time.

5. Authorize the Executive to hire an undertaking by designating the funds to serve them: recognize the debts incurred and set how to cancel them.

6. Create new departments or provinces, fix their lA-mites; enable larger ports and set customs.

7. Set the weight, lei, value, type and denomination of the coins; authorize the issue and

circulation of bank notes; and fix the system of weights and measures.

8. Grant grants or guarantees of interest for the construction of railways, canals, roads and other viable enterprises.

9. Allow the transit of foreign troops through the territory of the Republic by determining the time of his stay in him.

10. Let them reside permanent army corps at the place of the sessions of the Congress and ten leagues to their circumference.

11. Allow the departure of national troops out of the territory of the Republic of the Republic time of their return.

12. Create and suppress public jobs, determine or modify their attributions and fix their endowments.

13. Decree Amnesty-as and grant pardons to certain persons after the Supreme Court report.

14. Approve Or Discard all species conventions and treaties.

SECTION EIGHTH

CONGRESS

Art. 53. Each shall qualify the choice of their respective members as being able to separate them temporarily or definitively; to run all the infringements of their regulations; to organise their secretary;; to appoint all the employees of their dependency; to sign their budgets and order their payment, and understand in everything relative to the economy-to and polyA-within.

Art. 54. The gangs will meet in Congress for the following cases:

1.A° To open and close their sessions.

2.A° To verify the scrutiny of the minutes of elections of President and Vice-President of the Republic: If they do not conform to Articles 84, 85, 86 and 87.

3.A° To take the oath of the officials in the preceding paragraph.

4.A° To admit or deny the school of the same.

5.A° To approve or deny the treaties and public agreements concluded by the Executive Branch.

6.A° To reconsider the laws observed by the Executive.

7.A° To resolve the declaration of war at the request of the Executive.

8.A° Approve or disapprove of the account of the hacienda to be presented by the Executive.

9.A° To determine the number of the armed force.

10.A° Head by two-thirds of the votes of all its members the powers that the Executive and the Supreme Court, and by majority-to the absolute of votes that are raised among the espresados powers or between District and Cassation CAAs.

Art. 55. You cannot delegate to one or many of your members, or to another power the privileges that you have for this Constitution.

SECTION NINTH

OF THE CA • MARA OF DEPUTIES

Art. 56. This will be composed of Members directly concerned by citizens with a simple plurality of people. One reading will fix these elections and the number of deputies will be longer.

Art. 57. To be an MP it is required:

1.A° Be registered in the national register.

2.A° Have twenty-five years completed; be Bolivian by birth, and possess an annual income of 400 Bs. from a profession, industry or property.

3.A° Not having been sentenced to corporal punishment by the ordinary courts.

Art. 58. Deputies shall perform their duties for four years, and shall be renewed in half in each biennium: in the first one shall be lucky.