104-546: The Constitution of the Commonwealth of Puerto Rico (Spanish: Constitución del Estado Libre Asociado de Puerto Rico , lit. 'Constitution of the Free Associated State of Puerto Rico') is the primary organizing law for the unincorporated U.S. territory of Puerto Rico , describing the duties, powers, structures and functions of the government of Puerto Rico in nine articles . It
208-914: A State of the State address to the Legislative Assembly each year, as well as a report on the Budget of the Government of Puerto Rico . The article also establishes the Council of Secretaries , and that all secretaries must be appointed with the advice and consent from the Senate of Puerto Rico , except for the Secretary of State which requires the advice and consent of the House of Representatives as well. Constitution A constitution
312-433: A bill of rights . The bill enumerates several freedoms, namely freedom of assembly , freedom of the press , freedom of religion , freedom of speech , freedom from unreasonable search and seizure , security in personal effects , and freedom from warrants issued without probable cause . It also establishes two fundamental declarations, that "the dignity of the human being is inviolable" and that all men are equal before
416-569: A federal state trying to legislate in an area that the constitution allocates exclusively to the federal parliament, such as ratifying a treaty. Action that appears to be beyond power may be judicially reviewed and, if found to be beyond power, must cease. Legislation that is found to be beyond power will be "invalid" and of no force; this applies to primary legislation, requiring constitutional authorization, and secondary legislation, ordinarily requiring statutory authorization. In this context, "within power", intra vires , "authorized" and "valid" have
520-402: A students' union may be prohibited as an organization from engaging in activities not concerning students; if the union becomes involved in non-student activities, these activities are considered to be ultra vires of the union's charter, and nobody would be compelled by the charter to follow them. An example from the constitutional law of sovereign states would be a provincial parliament in
624-569: A Bill of Rights. The proposed constitution was approved overwhelmingly by nearly 82% of the voters in a popular referendum on March 3, 1952 . The United States Congress and the President approved it, but required that the Article II (Bill of Rights), Section 20 (guaranteeing the right to education and various economic rights) be stricken and that language be added to Section 5 of Article II allowing non-governmental schools. On July 10, 1952,
728-405: A constitution in general terms was "the arrangement of the offices in a state". In his works Constitution of Athens , Politics , and Nicomachean Ethics , he explores different constitutions of his day, including those of Athens, Sparta , and Carthage . He classified both what he regarded as good and what he regarded as bad constitutions, and came to the conclusion that the best constitution
832-470: A decree issued by the Pope , now referred to as an apostolic constitution . William Blackstone used the term for significant and egregious violations of public trust, of a nature and extent that the transgression would justify a revolutionary response. The term as used by Blackstone was not for a legal text, nor did he intend to include the later American concept of judicial review : "for that were to set
936-753: A different sovereignty because of its political status while others claimed that it does not, including the respondent, the Supreme Court of Puerto Rico , and the Solicitor General of the United States . In a 6–2 decision, the Court affirmed that the Double Jeopardy Clause bars Puerto Rico and the United States from successively prosecuting the same person for the same conduct under equivalent criminal laws. The decision
1040-426: A discussion over amending the constitution. The speaker of the House of Representatives proposed increasing the governor's salary, replacing at large representatives by district elections and reducing the number of representatives from 51 to 45. Governor Pedro Pierluisi has favored term limits for legislators but has expressed opposition to proposals for the creation of a recall referendum . Twelve weeks after
1144-643: A general right to privacy in Puerto Rico. Section Nine creates more liberties for the press. It establishes that: Section Ten is similar to the Fourth Amendment to the United States Constitution . It establishes that persons shall be protected against "unreasonable searches and seizures". It explicitly prohibits the use of wire-tapping . Furthermore, it declares that no search warrant shall be issued unless probable cause
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#17327660700421248-553: A period of 20 years would be the optimal time for any constitution to be still in force, since "the earth belongs to the living, and not to the dead". Indeed, according to recent studies, the average life of any new written constitution is around 19 years. However, a great number of constitutions do not last more than 10 years, and around 10% do not last more than one year, as was the case of the French Constitution of 1791 . By contrast, some constitutions, notably that of
1352-603: A period of more than four hundred years, an important aspect of the constitutional structure of the Holy Roman Empire . In China , the Hongwu Emperor created and refined a document he called Ancestral Injunctions (first published in 1375, revised twice more before he died in 1398). These rules served as a constitution for the Ming dynasty for the next 250 years. The oldest written document still governing
1456-863: A single code until the Codex Theodosianus (438 AD); later, in the Eastern Empire, the Codex repetitæ prælectionis (534) was highly influential throughout Europe. This was followed in the east by the Ecloga of Leo III the Isaurian (740) and the Basilica of Basil I (878). The Edicts of Ashoka established constitutional principles for the 3rd century BC Maurya king's rule in India . For constitutional principles almost lost to antiquity, see
1560-531: A single comprehensive document, it is said to embody a codified constitution . The Constitution of the United Kingdom is a notable example of an uncodified constitution ; it is instead written in numerous fundamental acts of a legislature, court cases, and treaties. Constitutions concern different levels of organizations, from sovereign countries to companies and unincorporated associations . A treaty that establishes an international organization
1664-455: A sovereign nation today is that of San Marino . The Leges Statutae Republicae Sancti Marini was written in Latin and consists of six books. The first book, with 62 articles, establishes councils, courts, various executive officers, and the powers assigned to them. The remaining books cover criminal and civil law and judicial procedures and remedies. Written in 1600, the document was based upon
1768-477: A state council consisting of 21 members while executive authority was vested in the office of " Lord Protector of the Commonwealth ." This position was designated as a non-hereditary life appointment. The Instrument also required the calling of triennial Parliaments , with each sitting for at least five months. The Instrument of Government was replaced in May 1657 by England's second, and last, codified constitution,
1872-556: A system of free and secular public education . It also establishes the right to vote , the right to life , and the right to liberty . There are a number of variations that make the Puerto Rico Bill of Rights distinct from that of the Federal Bill of Rights . For instance in Puerto Rico they do not have the right to trial by jury but they do have direct protections against wiretapping . In order to comply with
1976-473: Is ab initio , that is, from inception, not from the date of the finding. It was never "law", even though, if it had been a statute or statutory provision, it might have been adopted according to the procedures for adopting legislation. Sometimes the problem is not that a statute is unconstitutional, but that the application of it is, on a particular occasion, and a court may decide that while there are ways it could be applied that are constitutional, that instance
2080-603: Is a criminal case that came before the Supreme Court of the United States , which considered whether Puerto Rico and the federal government of the United States are separate sovereigns for purposes of the Double Jeopardy Clause of the United States Constitution . In essence, the clause establishes that an individual cannot be tried for the same offense twice under the same sovereignty. The petitioner claimed that Puerto Rico has
2184-420: Is a list of the delegates: The delegates, which would eventually become the founding fathers of the current commonwealth of Puerto Rico, established 10 permanent committees : 7 which dealt with constitutional matters and 3 which dealt with the assembly's internal operations. The constitutional committees were as follows: The assembly held 62 sessions between September 17, 1951, and February 6, 1952, approving
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#17327660700422288-510: Is also its constitution, in that it would define how that organization is constituted. Within states , a constitution defines the principles upon which the state is based, the procedure in which laws are made and by whom. Some constitutions, especially codified constitutions, also act as limiters of state power, by establishing lines which a state's rulers cannot cross, such as fundamental rights . Changes to constitutions frequently require consensus or supermajority . The Constitution of India
2392-490: Is an ongoing debate . The United States government authorized Puerto Rico to draft its own constitution with the Puerto Rico Federal Relations Act of 1950 . The Constitutional Assembly met for a period of several months between 1951 and 1952 in which the document was written. The law required the framers to follow only two basic requirements: a republican form of government and inclusion of
2496-489: Is considered foundational to the rule of law . Excavations in modern-day Iraq by Ernest de Sarzec in 1877 found evidence of the earliest known code of justice , issued by the Sumerian king Urukagina of Lagash c. 2300 BC . Perhaps the earliest prototype for a law of government, this document itself has not yet been discovered; however it is known that it allowed some rights to his citizens. For example, it
2600-646: Is considered part of the compilation of Constitutions) until 1716, when Philip V of Spain gave the Nueva Planta decrees , finishing with the historical laws of Catalonia . These Constitutions were usually made formally as a royal initiative, but required for its approval or repeal the favorable vote of the Catalan Courts , the medieval antecedent of the modern Parliaments. These laws, like other modern constitutions, had preeminence over other laws, and they could not be contradicted by mere decrees or edicts of
2704-457: Is known that it relieved tax for widows and orphans, and protected the poor from the usury of the rich. After that, many governments ruled by special codes of written laws. The oldest such document still known to exist seems to be the Code of Ur-Nammu of Ur (c. 2050 BC). Some of the better-known ancient law codes are the code of Lipit-Ishtar of Isin , the code of Hammurabi of Babylonia ,
2808-534: Is neither a sovereign country nor a state of the United States . Puerto Rico is subject to the territorial sovereignty and federal government of the United States , which is responsible for the monetary policy , foreign relations , defense , among enumerated powers . The local government of Puerto Rico is responsible for education , law enforcement , elections , among other reserved powers . Both governments share concurrent powers , including taxation and fiscal policy . The political status of Puerto Rico
2912-547: Is shown. Section Eleven is primarily devoted to the rights of the accused. It also establishes that in all trials of felony the accused shall enjoy of a jury of twelve peers who render a verdict by majority vote in which no less than nine shall concur. Also, the section creates the right against self-incrimination as well as the prohibition of double jeopardy . Section Twelve outlaws slavery and involuntary servitude, unless duly convicted. It also prohibits ex post facto laws and bills of attainder . Section Thirteen guarantees
3016-405: Is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity , organization or other type of entity , and commonly determines how that entity is to be governed. When these principles are written down into a single document or set of legal documents, those documents may be said to embody a written constitution ; if they are encompassed in
3120-476: Is the longest written constitution of any country in the world, with 146,385 words in its English-language version, while the Constitution of Monaco is the shortest written constitution with 3,814 words. The Constitution of San Marino might be the world's oldest active written constitution, since some of its core documents have been in operation since 1600, while the Constitution of the United States
3224-496: Is the oldest active codified constitution. The historical life expectancy of a constitution since 1789 is approximately 19 years. The term constitution comes through French from the Latin word constitutio , used for regulations and orders, such as the imperial enactments ( constitutiones principis : edicta, mandata, decreta, rescripta). Later, the term was widely used in canon law for an important determination, especially
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3328-572: The Byzantine emperors ' Novellae (most were taken from Justinian 's Novellae). The Nomocanon was a completely new compilation of civil and canonical regulations, taken from Byzantine sources but completed and reformed by St. Sava to function properly in Serbia. Besides decrees that organized the life of the church, there are various norms regarding civil life; most of these were taken from Prohiron. Legal transplants of Roman - Byzantine law became
3432-748: The Grandees of the New Model Army had presented the Heads of Proposals as their alternative to the more radical Agreement of the People presented by the Agitators and their civilian supporters at the Putney Debates . The Instrument of Government was adopted by Parliament on 15 December 1653, and Oliver Cromwell was installed as Lord Protector on the following day. The constitution set up
3536-539: The Hittite code , the Assyrian code , and Mosaic law . In 621 BC, a scribe named Draco codified the oral laws of the city-state of Athens ; this code prescribed the death penalty for many offenses (thus creating the modern term "draconian" for very strict rules). In 594 BC, Solon , the ruler of Athens, created the new Solonian Constitution . It eased the burden of the workers, and determined that membership of
3640-459: The House of Commons . The Nomocanon of Saint Sava ( Serbian : Законоправило/Zakonopravilo ) was the first Serbian constitution from 1219. St. Sava's Nomocanon was the compilation of civil law , based on Roman Law , and canon law , based on Ecumenical Councils . Its basic purpose was to organize the functioning of the young Serbian kingdom and the Serbian church . Saint Sava began
3744-579: The Humble Petition and Advice , proposed by Sir Christopher Packe . The Petition offered hereditary monarchy to Oliver Cromwell , asserted Parliament 's control over issuing new taxation , provided an independent council to advise the king and safeguarded "Triennial" meetings of Parliament. A modified version of the Humble Petition with the clause on kingship removed was ratified on 25 May. This finally met its demise in conjunction with
3848-663: The Instrument of Government included elements incorporated from an earlier document " Heads of Proposals ", which had been agreed to by the Army Council in 1647, as a set of propositions intended to be a basis for a constitutional settlement after King Charles I was defeated in the First English Civil War . Charles had rejected the propositions, but before the start of the Second Civil War,
3952-725: The Lord High Chancellor of Sweden Axel Oxenstierna after the death of king Gustavus Adolphus . This can be seen as the first written constitution adopted by a modern state. In 1639, the Colony of Connecticut adopted the Fundamental Orders , which was the first North American constitution. It is the basis for every new Connecticut constitution since, and is also the reason for Connecticut 's nickname, "the Constitution State ". On 4 January 1649,
4056-459: The Myanmar 2008 Constitution was being secretly drafted for more than 17 years, whereas at the other extreme, during the drafting of Japan 's 1946 Constitution, the bureaucrats drafted everything in no more than a week. Japan has the oldest unamended constitution in the world. The record for the shortest overall process of drafting, adoption, and ratification of a national constitution belongs to
4160-523: The Romania 's 1938 constitution, which installed a royal dictatorship in less than a month. Studies showed that typically extreme cases where the constitution-making process either takes too long or is extremely short were non-democracies. In principle, constitutional rights are not a specific characteristic of democratic countries. Autocratic states have constitutions, such as that of North Korea , which officially grants every citizen, among other things,
4264-621: The Rump Parliament declared "that the people are, under God, the original of all just power; that the Commons of England, being chosen by and representing the people, have the supreme power in this nation". The English Protectorate set up by Oliver Cromwell after the English Civil War promulgated the first detailed written constitution adopted by a modern state; it was called the Instrument of Government . This formed
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4368-1094: The Salic Law of the Franks , all written soon after 500. In 506, the Breviarum or "Lex Romana" of Alaric II , king of the Visigoths, adopted and consolidated the Codex Theodosianus together with assorted earlier Roman laws. Systems that appeared somewhat later include the Edictum Rothari of the Lombards (643), the Lex Visigothorum (654), the Lex Alamannorum (730), and the Lex Frisionum (c. 785). These continental codes were all composed in Latin, while Anglo-Saxon
4472-409: The Senate as the upper house and the House of Representatives as the lower house . It also established the composition of each house, and that Puerto Rico must be divided into senatorial and representative districts for the purpose of elections . The article also established a board that must revise the districts after each decennial census so that they remain practicable, and divided upon
4576-815: The Statuti Comunali (Town Statute) of 1300, itself influenced by the Codex Justinianus , and it remains in force today. In 1392 the Carta de Logu was legal code of the Giudicato of Arborea promulgated by the giudicessa Eleanor . It was in force in Sardinia until it was superseded by the code of Charles Felix in April 1827. The Carta was a work of great importance in Sardinian history. It
4680-544: The United States Congress . The argument made by the U.S. Supreme Court was interpreted by many as an affirmation of a severely diminished capacity of the constitutional stature that the Puerto Rican government had. This was the same idea of stature that the Puerto Rican government has had for nearly seven decades. Justice Elena Kagan stated that the ruling in the case of 'Puerto Rico v. Sanchez Valle'
4784-792: The code of Manu . Many of the Germanic peoples that filled the power vacuum left by the Western Roman Empire in the Early Middle Ages codified their laws. One of the first of these Germanic law codes to be written was the Visigothic Code of Euric (471 AD). This was followed by the Lex Burgundionum , applying separate codes for Germans and for Romans; the Pactus Alamannorum ; and
4888-443: The equal protection clauses. Third, it includes a contract clause for the jurisdiction of the commonwealth. Finally, the sections guarantees that a minimum amount of the property owned by individuals will be exempt from government possession. Section Eight declares that every person has the right to be protected by law against attacks on their honor, reputation and private or family life. This section has been interpreted as creating
4992-543: The freedom of expression . However, the extent to which governments abide by their own constitutional provisions varies. In North Korea, for example, the Ten Principles for the Establishment of a Monolithic Ideological System are said to have eclipsed the constitution in importance as a frame of government in practice. Developing a legal and political tradition of strict adherence to constitutional provisions
5096-522: The right to vote in Puerto Rico; Section Three is the religious clause of the Constitution of Puerto Rico. It prohibits the establishment of religion and protects the free exercise of religion . It reads; The last sentence specifically and concretely establishes the separation of church and state , a clause that is not found in the United States' Constitution but, rather, it is assumed and interpreted to exist. Section three leaves no doubt about
5200-533: The writ of habeas corpus , which can only be suspended by the Legislative Assembly in time of "rebellion, insurrection or invasion." Section Fourteen prohibits the use of titles of nobility . It also prohibits public officials to receive gifts from foreign powers without the approval of the Legislative Assembly. Section Fifteen deals with child labor . It prohibits the employment of children of less than fourteen years on jobs that may be "prejudicial to their health or morals". It also guarantees that no children under
5304-483: The 1950 and 1952 legislation, allegedly breaching the compact between the United States and the People of Puerto Rico. The debate was fueled when the Supreme Court decided that the Double Jeopardy Clause bars Puerto Rico and the United States from successively prosecuting a single person for the same conduct under equivalent criminal laws. The Supreme Court ruling stated that, at least in the cases related to criminal offenses, sovereignty of Puerto Rico ultimately resides in
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#17327660700425408-555: The Constitutional Convention of Puerto Rico reconvened and approved a resolution accepting those conditions, which were later ratified in a referendum held in November 1952, by the electorate. On July 25, 1952, Governor Luis Muñoz Marín proclaimed that the constitution was in effect. In a speech on July 25, 2013, Governor Alejandro García Padilla , despite the conditions established by Congress, proclaimed that, henceforth, Sec. 20 would be deemed by his administration to be in effect. In 1960, 1961, 1964 and 1970 voters approved amendments to
5512-456: The United States, have remained in force for several centuries, often without major revision for long periods of time. The most common reasons for these frequent changes are the political desire for an immediate outcome and the short time devoted to the constitutional drafting process. A study in 2009 showed that the average time taken to draft a constitution is around 16 months, however there were also some extreme cases registered. For example,
5616-411: The Wise the Grand Prince of Kiev , was granted to Great Novgorod around 1017, and in 1054 was incorporated into the Russkaya Pravda ; it became the law for all of Kievan Rus' . It survived only in later editions of the 15th century. In England, Henry I's proclamation of the Charter of Liberties in 1100 bound the king for the first time in his treatment of the clergy and the nobility. This idea
5720-472: The age of sixteen shall be kept in jail. Section Seventeen creates the fundamental right of employees, private and public, to organize themselves into associations and to negotiate with their employers. Section Eighteen also declares a fundamental right for employers to go on strike. However, the section ends by stating; "Nothing herein contained shall impair the authority of the Legislative Assembly to enact laws to deal with grave emergencies that clearly imperil
5824-410: The associations are military or quasi-military in nature. Section Seven contain several important fundamental rights. It reads; First, Section Seven establishes that the right to life is fundamental in Puerto Rico. Because of this, the section determines that the death penalty will not exist under the jurisdiction of the commonwealth. Second, the section contains the due process of law as well as
5928-477: The basis of government for the short-lived republic from 1653 to 1657 by providing a legal rationale for the increasing power of Cromwell after Parliament consistently failed to govern effectively. Most of the concepts and ideas embedded into modern constitutional theory, especially bicameralism , separation of powers , the written constitution, and judicial review , can be traced back to the experiments of that period. Drafted by Major-General John Lambert in 1653,
6032-436: The basis of population and means of communication. It also established how the number of members of each house must increase when a political party obtains more than two thirds of the seats in one or both houses. This was done in order to reduce the likelihood of one party having absolute control over constitutional amendments , as these require at least two thirds of the vote of each house in order to be enacted. Article Four
6136-434: The basis of the Serbian medieval law. The essence of Zakonopravilo was based on Corpus Iuris Civilis . Stefan Dušan , emperor of Serbs and Greeks, enacted Dušan's Code ( Serbian : Душанов Законик/Dušanov Zakonik ) in Serbia , in two state congresses: in 1349 in Skopje and in 1354 in Serres . It regulated all social spheres, so it was the second Serbian constitution, after St. Sava's Nomocanon (Zakonopravilo). The Code
6240-421: The basis of universal consensus of all chiefs following discussions that were initiated by a single nation. The position of Sachem descends through families and are allocated by the senior female clan heads, though, prior to the filling of the position, candidacy is ultimately democratically decided by the community itself. In 1634 the Kingdom of Sweden adopted the 1634 Instrument of Government , drawn up under
6344-432: The commonwealth. The section also establishes that education will be compulsory for elementary school, to the extent permitted by the facilities of the state. The section further establishes that no public property or public funds shall be used for the support of schools or educational institutions other than those of the state. Section Six declares the right of the people to organize themselves in associations, except if
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#17327660700426448-441: The consciousness of rationality so far as that consciousness is developed in a particular nation." Since 1789, along with the Constitution of the United States of America (U.S. Constitution), which is the oldest and shortest written constitution still in force, close to 800 constitutions have been adopted and subsequently amended around the world by independent states. In the late 18th century, Thomas Jefferson predicted that
6552-426: The constitution in various referendums. A continuing debate has dealt with the legal status of Puerto Rico under the Federal Government of the United States. Certain decisions by the Supreme Court of the United States appeared to have interpreted the Territorial Clause of the United States Constitution as still controlling over Puerto Rico. Under this clause, the United States Congress is the recognized sovereign of
6656-412: The constitution within the assembly two days before concluding their affairs on February 4, 1952. The constitution was then overwhelmingly approved a month later by the people of Puerto Rico in a referendum held on March 3, 1952. The Preamble reads: The Preamble of the Constitution of Puerto Rico is more extensive than the Preamble to the United States Constitution . However, it has the similarity that
6760-464: The death of Cromwell and the Restoration of the monarchy. All of the British colonies in North America that were to become the 13 original United States, adopted their own constitutions in 1776 and 1777, during the American Revolution (and before the later Articles of Confederation and United States Constitution ), with the exceptions of Massachusetts, Connecticut and Rhode Island. The Commonwealth of Massachusetts adopted its Constitution in 1780,
6864-446: The document as well as the seat of the new government, which shall be the city of San Juan . Article Two of the Constitution of Puerto Rico—titled as the Bill of Rights ( Spanish : Carta de Derecho )— lists the most important rights held by the citizens of Puerto Rico . The Bill of Rights was mandated by Pub. L. 81–600 which provided for the people of Puerto Rico to adopt a constitution of their own which had to include
6968-444: The document focuses more on social morality than on institutions of government, and remains a notable early attempt at a government constitution. The Constitution of Medina ( Arabic : صحیفة المدینه , Ṣaḥīfat al-Madīna), also known as the Charter of Medina, was drafted by the Islamic prophet Muhammad after his flight ( hijra ) to Yathrib where he became political leader. It constituted a formal agreement between Muhammad and all of
7072-404: The existence of such separation in Puerto Rico. Section Four is very similar to the First Amendment to the United States Constitution . It establishes the freedom of speech , freedom of the press , freedom of assembly and the right to petition . It reads; Section Five establishes the right to an education. It also mandates the establishment of a non-sectarian and free educational system for
7176-447: The fold of one community – the Ummah . The precise dating of the Constitution of Medina remains debated, but generally, scholars agree it was written shortly after the Hijra (622). In Wales , the Cyfraith Hywel (Law of Hywel) was codified by Hywel Dda c. 942–950. It served as the main law code in Wales until it was superseded by the Laws in Wales Acts 1535 and 1542 . The Pravda Yaroslava , originally combined by Yaroslav
7280-416: The human being is inviolable' and that ' all men are equal before the law.' . These two sentences have traditionally been interpreted by scholars as granting an unlimited number of rights, since anything that violates the dignity of a human being will be deemed unconstitutional. However, the remainder of the section concretely establishes the kinds of discriminations that are outlawed. Section Two establishes
7384-428: The island. In 1976, the U.S. Supreme Court clarified that the purpose of Congress in the 1950 and 1952 legislation was to accord to Puerto Rico the degree of autonomy and independence normally associated with a State of the Union. However, on June 9, 2016, as an outcome of the case known as Puerto Rico v. Sanchez Valle , the U.S. Supreme Court incited a debate regarding the nature of the relationship established by
7488-456: The judicial power above that of the legislature, which would be subversive of all government". Generally, every modern written constitution confers specific powers on an organization or institutional entity, established upon the primary condition that it abides by the constitution's limitations. According to Scott Gordon, a political organization is constitutional to the extent that it "contain[s] institutionalized mechanisms of power control for
7592-589: The king. The Kouroukan Founga was a 13th-century charter of the Mali Empire in West Africa , reconstructed from oral tradition in 1988 by Siriman Kouyaté . It included the "right to life and to the preservation of physical integrity" and significant protections for women. The Golden Bull of 1356 was a decree issued by a Reichstag in Nuremberg headed by Emperor Charles IV that fixed, for
7696-431: The law . It also prohibits several discriminations, namely discrimination made on account of race , color, sex , birth , social origin or condition , or political or religious ideas . The bill even took a step further by declaring such principles as essential to human equality . The Bill of Rights also establishes explicitly that there shall be complete separation of church and state , and that Puerto Rico must have
7800-402: The legal judgement of his peers, or by the law of the land. This provision became the cornerstone of English liberty after that point. The social contract in the original case was between the king and the nobility but was gradually extended to all of the people. It led to the system of Constitutional Monarchy , with further reforms shifting the balance of power from the monarchy and nobility to
7904-786: The legislative, executive, and judiciary branches, well before the publication of Montesquieu's Spirit of the Laws . This Constitution also limited the executive authority of the hetman , and established a democratically elected Cossack parliament called the General Council. However, Orlyk's project for an independent Ukrainian State never materialized, and his constitution, written in exile, never went into effect. Corsican Constitutions of 1755 and 1794 were inspired by Jean-Jacques Rousseau . The latter introduced universal suffrage for property owners. Puerto Rico v. Sanchez Valle Puerto Rico v. Sanchez Valle , 579 U.S. 59 (2016),
8008-544: The new government for the unincorporated territory, which shall bear the name of Commonwealth of Puerto Rico . It declares that the source of the power of the government emanates from the people. The following three sections of the Article establish the Republican form of government of the unincorporated territory, divided into three branches (legislative, executive and judicial) and specifies the territorial jurisdiction of
8112-604: The oldest still-functioning constitution of any U.S. state; while Connecticut and Rhode Island officially continued to operate under their old colonial charters, until they adopted their first state constitutions in 1818 and 1843, respectively. What is sometimes called the "enlightened constitution" model was developed by philosophers of the Age of Enlightenment such as Thomas Hobbes , Jean-Jacques Rousseau , and John Locke . The model proposed that constitutional governments should be stable, adaptable, accountable, open and should represent
8216-410: The parliamentary procedure to enact bills , namely that they must be printed, read, referred to a commission and returned therefrom with a written report, approved by the majority of which each house is composed, and signed by the governor in order to become law. The article also established the exclusive powers of each house, as well as establishing the post of Comptroller . Article Four describes
8320-550: The people (i.e., support democracy ). Agreements and Constitutions of Laws and Freedoms of the Zaporizian Host was written in 1710 by Pylyp Orlyk , hetman of the Zaporozhian Host . It was written to establish a free Zaporozhian-Ukrainian Republic , with the support of Charles XII of Sweden . It is notable in that it established a democratic standard for the separation of powers in government between
8424-399: The people do not have it. This is a safeguard against strict literal interpretations of the constitution with which the people will be denied all the rights not specifically listed here, such as a right to travel between districts at their own leisure (see propiska ), or the right to travel abroad. The article establishes that the territorial legislature must be bicameral , and composed by
8528-767: The people of Puerto Rico approved to write their own constitution in a referendum , 92 individuals were elected as delegates to a constitutional assembly on August 27, 1951. Of these, 70 belonged to the Popular Democratic Party (PPD), 15 belonged to the Republican Statehood Party , while 7 belonged to the Puerto Rican Socialist Party . Members from the Puerto Rican Independence Party (PIP) abstained from participating. The following
8632-651: The posts of President of the Senate and Speaker of the House without any other specifics besides the title of the posts although interpretatively the article meant them to be the presiding officers of their respective house. The article also established that the sessions of each house must be open, what constitutes quorum , and where should they meet, namely in the Capitol of Puerto Rico . It also granted parliamentary immunity to its members. Article Four also established
8736-557: The powers, structure, functions, responsibilities, and legal scope of the Governor of Puerto Rico , the executive branch of the government of Puerto Rico . The article establishes the term length of the governor and the requirements to hold such post, as well as establishing the governor as commander-in-chief of the militia, namely the Puerto Rico National Guard . It also establishes that the governor must present
8840-508: The preamble neither grants any powers nor inhibits any actions; it only explains the rationale behind the Constitution. Yet, it specifically details the determining factors that the Puerto Rican people have chosen as the basis for their new government. It also establishes the Constitution's loyalty to the principles of the Federal Constitution. The remainder of the document consists of nine articles: Article One establishes
8944-403: The protection of the interests and liberties of the citizenry , including those that may be in the minority ". Activities of officials within an organization or polity that fall within the constitutional or statutory authority of those officials are termed "within power" (or, in Latin, intra vires ); if they do not, they are termed "beyond power" (or, in Latin, ultra vires ). For example,
9048-463: The public health or safety or essential public services." Section Nineteen is similar to the Ninth Amendment to the United States Constitution . It reads; This section stresses out that the civil rights and liberties outlined in this Bill of Rights do not constitute an exclusive list thereof; others may exist. In other words, just because a civil right is not listed here, does not mean that
9152-644: The reign of Zara Yaqob . Even so, its first recorded use in the function of a constitution (supreme law of the land) is with Sarsa Dengel beginning in 1563. The Fetha Negest remained the supreme law in Ethiopia until 1931, when a modern-style Constitution was first granted by Emperor Haile Selassie I. In the Principality of Catalonia , the Catalan constitutions were promulgated by the Court from 1283 (or even two centuries before, if Usatges of Barcelona
9256-412: The requirements of Public Law 600, the framers of the Constitution of Puerto Rico decided to draft an extensive list of rights which were then organized into a whole Article of the constitutional document. It is divided into nineteen sections, each one listing one or several rights which are deemed fundamental under Puerto Rican constitutional law . Section One begins by establishing that ' the dignity of
9360-546: The ruling class was to be based on wealth ( plutocracy ), rather than on birth ( aristocracy ). Cleisthenes again reformed the Athenian constitution and set it on a democratic footing in 508 BC. Aristotle (c. 350 BC) was the first to make a formal distinction between ordinary law and constitutional law, establishing ideas of constitution and constitutionalism , and attempting to classify different forms of constitutional government. The most basic definition he used to describe
9464-400: The same meaning; as do "beyond power", ultra vires , "not authorized" and "invalid". In most but not all modern states the constitution has supremacy over ordinary statutory law (see Uncodified constitution below); in such states when an official act is unconstitutional, i.e. it is not a power granted to the government by the constitution, that act is null and void , and the nullification
9568-591: The significant tribes and families of Yathrib (later known as Medina ), including Muslims , Jews , and pagans . The document was drawn up with the explicit concern of bringing to an end the bitter intertribal fighting between the clans of the Aws ( Aus ) and Khazraj within Medina. To this effect it instituted a number of rights and responsibilities for the Muslim, Jewish, and pagan communities of Medina bringing them within
9672-619: The supreme law used in parts of Germany as late as 1900. Around 1240, the Coptic Egyptian Christian writer, 'Abul Fada'il Ibn al-'Assal , wrote the Fetha Negest in Arabic . 'Ibn al-Assal took his laws partly from apostolic writings and Mosaic law and partly from the former Byzantine codes. There are a few historical records claiming that this law code was translated into Ge'ez and entered Ethiopia around 1450 in
9776-657: The work on the Serbian Nomocanon in 1208 while he was at Mount Athos , using The Nomocanon in Fourteen Titles , Synopsis of Stefan the Efesian , Nomocanon of John Scholasticus , and Ecumenical Council documents, which he modified with the canonical commentaries of Aristinos and Joannes Zonaras , local church meetings, rules of the Holy Fathers , the law of Moses , the translation of Prohiron, and
9880-468: Was a mixed system including monarchic, aristocratic, and democratic elements. He also distinguished between citizens, who had the right to participate in the state, and non-citizens and slaves, who did not. The Romans initially codified their constitution in 450 BC as the Twelve Tables . They operated under a series of laws that were added from time to time, but Roman law was not reorganized into
9984-435: Was affirmed 6-2 in an opinion by Justice Kagan on June 9, 2016. Justice Ginsburg filed a concurring opinion in which Justice Thomas joined. Justice Thomas filed an opinion, concurring in part and concurring in the judgment. Justice Breyer filed a dissenting opinion in which Justice Sotomayor joined. The argument appears to diminish the constitutional stature that the Puerto Rican government thought that it had since
10088-456: Was also very loose regarding the rules overseeing each house, establishing that each house must be the sole judge of the election, returns and qualifications of its members, that each house must choose its own officers, and that each house must adopt rules for its own proceedings appropriate to legislative bodies. This, in essence, gives broad powers to each house on how to structure itself and which procedures it must follow. It, however, established
10192-652: Was an organic, coherent, and systematic work of legislation encompassing the civil and penal law . The Gayanashagowa , the oral constitution of the Haudenosaunee nation also known as the Great Law of Peace, established a system of governance as far back as 1190 AD (though perhaps more recently at 1451) in which the Sachems , or tribal chiefs, of the Iroquois League's member nations made decisions on
10296-598: Was based on Roman - Byzantine law . The legal transplanting within articles 171 and 172 of Dušan's Code, which regulated juridical independence, is notable. They were taken from the Byzantine code Basilika (book VII, 1, 16–17). In 1222, Hungarian King Andrew II issued the Golden Bull of 1222 . Between 1220 and 1230, a Saxon administrator, Eike von Repgow , composed the Sachsenspiegel , which became
10400-492: Was confined solely to the corresponding issue of double jeopardy within a criminal case, not to the whole of Puerto Rico's political status. Still, the outcome fueled a debate regarding the current nature of the political relationship established between Puerto Rico and United States of America. In 1994 and 2012 constitutional amendments were proposed but these were unsuccessful. In 2021 the PPD majority led by Tatito Hernández began
10504-617: Was extended and refined by the English barony when they forced King John to sign Magna Carta in 1215. The most important single article of Magna Carta, related to " habeas corpus ", provided that the king was not permitted to imprison, outlaw, exile or kill anyone at a whim – there must be due process of law first. This article, Article 39, of Magna Carta read: No free man shall be arrested, or imprisoned, or deprived of his property, or outlawed, or exiled, or in any way destroyed, nor shall we go against him or send against him, unless by
10608-404: Was not allowed or legitimate. In such a case, only that application may be ruled unconstitutional. Historically, the remedies for such violations have been petitions for common law writs , such as quo warranto . Scholars debate whether a constitution must necessarily be autochthonous , resulting from the nations "spirit". Hegel said "A constitution...is the work of centuries; it is the idea,
10712-468: Was ratified by the electorate of the archipelago and island in a referendum on March 3, 1952 and proclaimed into effect by Governor Luis Muñoz Marín on July 25, 1952, celebrated as Constitution Day . As the constitution of a territory of the United States , it is bound by the Constitution of the United States . Under the constitution, the unincorporated U.S. territory of Puerto Rico
10816-665: Was used for those of England, beginning with the Code of Æthelberht of Kent (602). Around 893, Alfred the Great combined this and two other earlier Saxon codes, with various Mosaic and Christian precepts, to produce the Doom book code of laws for England. Japan 's Seventeen-article constitution written in 604, reportedly by Prince Shōtoku , is an early example of a constitution in Asian political history. Influenced by Buddhist teachings,
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