Legal Information is a Business Necessity Comparative Low Series THE DIVISION OF COMMERCIAL LAWS U. S. DEPARTMENT OF COMMERCE HARRY L. HOPKINS, Secretary BUREAU OF FOREIGN AND DOMESTIC COMMERCE N. H. ENGLE, Aeting Director Comparative Law Series THE 1939 CONSTITUTION OF EL SALVADOR By Henry P. Crawford, Division of Commercial Laws On January 20, 1939, in the Salon de Sesiones of the National Palace at San Salvador, Francisco A. Reyes, deputy from the Department of Santa Ana and presiding officer of the National Constituent Assembly, signed the new Salvadoran Political Constitution. This signature is followed by those of the several deputies present, by the signature of His Excellency, Maximiliano H. Martinez, President of the Republic, and the signatures of the heads of the various departments of the Government. El Salvador declares itself to be a free, sovereign, and independent nation, enjoying a republican and representative form of government. The latter is composed of three distinct and independent powers comprising the legislative, the executive, and the judicial. Although the foregoing divisions of the Government are precluded from entering into or approving treaties or conventions which would in any way alter the form of established government, an exception is made in the event that El Salvador might deem it to its own best interests to reenter the old Confederation of Central American States. FOREIGNERS From the moment foreigners arrive in Salvadoran territory, they are obligated to respect national authorities and laws; also, they acquire the right to be protected by the latter. Neither Salvadorans nor foreigners may claim indemnity from the Government for damages suffered in their persons or possessions by reason of rebellious uprisings, although they may proceed against the guilty parties before the authorities of the country. Moreover, foreigners may not appeal through diplomatic channels except in cases of a denial of justice, and then only after exhausting the legal remedies available to them. However, the fact that a judgment is unfavorable to the foreigner is not to be construed as a denial of justice. Foreigners who ignore this provision will lose the right to reside in El Salvador, as will also those foreigners who, directly or indirectly, participate in the internal politics of the country or propagate anarchistic or antisocial doctrines, and no international agreement may modify these provisions. RIGHTS AND GUARANTIES Adhering to commonly accepted principles, the new Constitution provides that no person may be deprived of his life, liberty, property, or possessions without being previously heard and judgment rendered against him in lawful proceedings, nor may he be tried twice, civilly or criminally, for the same cause. Search and seizure are barred unless undertaken by lawful procedure, and no law may be given retroactive effect except in criminal cases when the new law favors the defendant. The right of free expression of thought, either written or oral, and the inviolability of epistolary and telegraphic correspondence are guaranteed under the new Constitution, as well as freedom of religious worship. Expropriation of private property may be undertaken only after "previous just indemnity", except in the construction of national highways, supplying water to cities and towns, and property taken for military purposes. In these three cases it will be sufficient to fix the price and method of payment even though the latter take place subsequent to the occupation. The references to highway construction and the supplying of water do not appear in Article 31 of the 1886 Constitution. FAMILY AND LABOR The family, as the fundamental basis of the Nation, shall be especially protected by the State for the purpose of encouraging matrimony and for the protection of maternity and infancy. Labor shall enjoy the protection of the State by means of laws governing the relations between employers and employees. The labor of women, and persons under 18 years of age must be especially regulated, as well as the practice of the professions. Conflicts which arise between capital and labor will be resolved by tribunals of arbitration or conciliation as determined by special legislation. The appointment of employees to the Public Administration shall be made always on the basis of merit, preference being given to nativeborn Salvadorans, and when none are available, to naturalized Salvadorans or to native-born Central Americans. A similar preference will be shown when granting concessions or commissions of the Government in which citizenship status is not indispensable. LEGISLATIVE POWER The Legislative Power is exercised by a National Assembly of Deputies which will meet in the Capital of the country. The Assembly must hold two ordinary sessions per annum, from February 15 to May 15 and from October 15 to January 2 of the following year, without extension of any kind and without the necessity of previous notice. However, the Assembly may recess before the final date fixed for each period. It may also hold extraordinary meetings when convoked by the Executive Power in Council of Ministers. In the latter case, it may deal only with the matters submitted to it by the Executive Power. Further, the National Assembly may, upon mutual agreement, remove itself to some other place within the Republic to hold its meetings. Three representatives united in a preparatory session have sufficient power to take immediately all the necessary measures to compel the attendance of the others until a quorum is present. Three-fourths of the total membership of the Assembly, at least, shall be sufficient to transact business; resolutions will be passed by a majority of those elected. Members of the National Legislative Assembly will be renewed every year, although they may be reelected. Their term of office commences February 1 and terminates January 31 of the following year. In order to be elected a deputy, one must be at least 25 years of age, a nativeborn Salvadoran of "notorious honesty and instruction", without having lost one's citizenship within the 5 years preceding the election, and either a native of or having been domiciled at least 2 years in the department which elects him. Among other powers and duties commonly granted to legislative bodies of this kind, the Salvadoran National Assembly has the duty of ratifying or rejecting all treaties or agreements entered into by the Executive with foreign countries; however, it is expressly stated that no treaty or convention may be ratified which in any way modifies or restricts the provisions of this Constitution. Although the foregoing admits of a mild variation from Section 29 of Article 68 of the old Constitution (the latter also guaranteed the right of insurrection), the new provision is essentially the same in substance. THE EXECUTIVE POWER The Executive Power of Salvador is exercised by a citizen who receives the title of President of the Republic, in conjunction with the respective ministers. The President is elected by a direct public vote of the citizenry, but when the count taken by the National Assembly fails to show an absolute majority of votes, the Assembly will elect the President by a public vote from among those citizens who have received the highest number of votes. Whether this signifies two or more citizens receiving the highest number is not clear. In any event, as an exceptional case, the citizen who is to be elected President from the term March 1, 1939, to January 1, 1945, under this Constitution, will be elected by the deputies to the National Constituent Assembly, even though, in this one case, it may mean his reelection. The term of office of the President shall be 6 years, commencing and terminating January 1; the person holding the office may not function a day longer. In the event of incapacity of the President for any reason whatever, the presidential term shall be deemed suspended and a person shall be delegated by the Legislative Power to discharge the functions of this office until new elections are held. The citizen who has actually held the office of President may not be reelected President nor named as a delegate to that office until after the expiration of a period equal to the presidential term of office, to commence January 1 of the renewing year. Neither the delegate who might have been exercising the functions of the office, as previously described, nor his relatives within the fourth degree by blood or within the second degree by marriage, legitimate or illegitimate, may be elected President of the Republic for the immediate period to be initiated. In order to be President of the Republic, the candidate must be a native-born Salvadoran, as well as the son of native-born Salvadoran parents, of secular status, at least 35 years of age, in the full exercise of his rights as a citizen, not having lost them within the 5 years preceding the election, and of notorious honesty and instruction. THE JUDICIAL POWER The judicial system of El Salvador is composed of a Supreme Court of Justice, Chambers of Second and Third Instance, as established by |