THE CONSTITUTIONAL LAW.
we can find some of the functions of our government:
The Senate
-Art 173.
- To approve or reject the resignation from their office by the president of the republic or the vice president.
- to grant permission to the president of the republic to take temporary leave from his office where it is not due to sicknee, and to consider the qualifications of the VicePresident to serve as President of the Republic.
- To authorize the government to declare war on another state.
- To elect the National Attorney General.
The Chamber of Representatives
Art 178:
- To elect the Ombudsman.
- To examine and finaliza the general budgetary and treasury account presented to it by the comptroller General of the Republic.
- To take cognizance of denunciations and complaints that may be presented before it by the general prosecutor or by individuals against specific officials and, if necessary, to bring charges on that basis before the Senate.
The President of the Republic.
Art 189:
- Appoint and dismiss freely Cabinet ministers and directors of administrative departments.
- Direct the public force and its disposition in his/her quality of supreme commander of the armed forces of the republic.
- Direct military operations when he7she deems it appropiate.
Authorize, during a recess of the Senate and with the prior opinion of the council of state, the transit of foreign troops across the territory of the Republic.
- Approve the laws
- Exercise the power to regulate through the issuing of decrees, resolutions, and orders necessary for the execution of the laws.
Appoint the presidents, directors, or managers of national public institutions and individuals who occupy national office, where such positions are nor to be filled through competitive examinations or are not the resposibility of the officials or bodies, according to the constitution or the law.
- eliminate or merge national administrative entities or organs in accordance with the law.
- Assign work according to its nature among Ministries, administrative departments.
- Confer ranks to the members of the public force and submit for the approval of the Senate those that fall under Article 173.
The Supreme Court of Justice.
Art 235.
·
To
adjudicate as a court of appeal
·
To
investigate and try members of congress.
·
To
take cognizance of all contentious issues of diplomatic personnel accredited
the national government in cases involving international law
·
To
enjoy other powers stipulated by law.
The Council of State.
Art 237.
·
To
exercise the functions of a supreme contentious administrative court in
accordance with the rules stipulated by the law.
·
To
take cognizance of invalid decrees issued by the national government and held
unconstitutional by the Constitutional court.
·
To
Prepare and present proposals amending the Constitution and other bills.
The Constitutional
Court
Art 241.
· Decide
on the petitions of unconstitutionality brought by citizens against acts
amending the Constitution, no matter what their origin, exclusively for errors
of procedure in their form.
· Decide
on the constitutionality of referendums about laws and popular consultations
and plebiscites of a national scope, in the case of the latter, exclusively for
errors of procedure in their convocation and implementation.
· Decide
on the petitions of unconstitutionality brought by citizens against decrees
with the force of law issued by the government on the strength of Article 150,
paragraph N° 10, and Article 341 of the constitution for their substantive
content aswell as for errors of procedure in their form.
·
Decide in definitive manner on the constitutionality of the legislative decrees issued by the government on the strength of Articles 212. 213, and 215 of the constitution.
· revise, in the form determined by law, the judicial decisions connected with the protection of constitutional rights.
The Superior Council of the Judicature
Art 256.
·
Administer
the Judicial ranking system.
· Examine
the behavior and sanction the errors of officials of the judicial branch as
well as those of lawyers practicing their profession in those cases stipulated
by law.
· Draft
the budgetary bill of the judicial branch to be transmitted to the government and
implement it in accordance with the approval of Congress.
The National Electoral
Council
Art 265.
· To
perform the final investigation and supervision of the electoral organization.
· To
study and decide upon the recourses proposed against the decisions of its
delegates on the general ballot of electoral votes and in such casesto declare
the results of the elections and issue the corresponding certificates.
· To
supervise the compliance with the laws concerning parties and political
movements and with provisions regarding publicity and political opinion polls;
the rights of the opposition and minorities; and the development of the
electoral processes under conditions of full guaranties.
·
To
effect the general ballot for all national elections, to declare the results of
the election, and to issue the certificates as appropriate.
The National Attorney
General
Art 277.
· To
supervise compliance with the constitution, the laws, judicial decisions, and
administrative decrees.
· To
defend the interests of society.
· To
supervise the diligent and efficient exercise of administrative functions.
· To
intervene in legal proceedings before the judicial or administrative
authorities when it becomes necessary to defend the legal order, the public
domain, or fundamental rights and guarantees.
· To
demand from public functionaries and individuals the information that/ he/she
considers necessary.
The Ombudsman
Art 282.
· Publicizing
human rights and recommending policies for making them known.
· Organizing
and directing the public defense counsel according to the conditions stipulated
by law.
·
Presenting
draft bills on matters failing under his/her jurisdiction.
· Other
matters stipulated by law.
