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| Congreso Constituyente | |
|---|---|
| Name | Congreso Constituyente |
| Type | Constituent assembly |
| Jurisdiction | Argentina, Mexico, Chile, Spain, Venezuela, Peru, Bolivia, Ecuador |
| Established | Various dates |
| Disbanded | Various dates |
| Purpose | Drafting or amending constitutions |
Congreso Constituyente
A Congreso Constituyente is an institutional assembly convened to draft, adopt, revise, or replace a national constitution, often arising during revolutions, transitions, or major reforms. Such assemblies intersect with actors like José de San Martín, Simón Bolívar, Benito Juárez, José María Morelos, José Batlle y Ordóñez, and institutions such as the United Nations, Organization of American States, European Union, African Union, and Inter-American Commission on Human Rights. They have shaped documents linked to events like the May Revolution, Mexican War of Independence, Spanish Constitution of 1812, Chilean independence, and agreements like the Treaty of Tordesillas.
A Congreso Constituyente functions to draft constitutions under the authority of actors such as Antonio José de Sucre, Bernardo O'Higgins, Miguel Hidalgo y Costilla, Agustín de Iturbide, and Simón Bolívar or to reform texts influenced by instruments like the United Nations Charter, Universal Declaration of Human Rights, American Convention on Human Rights, and regional pacts. Its mandate can be established by declarations of figures such as Francisco de Miranda, José Gervasio Artigas, Rafael Carrera, or by transitional bodies such as the Provisional Government of Spain (1873), Provisional Government of Venezuela (1810), and Provisional Revolutionary Government of the Republic of South Vietnam. Typical purposes echo demands from movements like the May Revolution (1810), Mexican Revolution, Spanish Civil War, Peruvian War of Independence, and processes led by the Conservative Party (Colombia), Liberal Party (Uruguay), and Radical Civic Union.
Origins trace to assemblies such as the Cortes of Cádiz, the Philadelphia Convention, the Congress of Tucumán, and the Constituent Assembly of 1826 convened under leaders like Juan Manuel de Rosas or Rivadavia. Evolving through examples like the 1869 Spanish Constitution, the 1853 Argentine Constitution, the 1917 Mexican Constitution, and the 1999 Venezuelan Constituent Assembly, these bodies adapted concepts from jurists and theorists such as Ángel G. Rivera, Juan Bautista Alberdi, Benito Juárez, José Ortega y Gasset, and constitutional texts including the French Constitution of 1791, the United States Constitution, the Weimar Constitution, and the Soviet Constitution (1918). International influence from entities like the League of Nations and Council of Europe shaped norms adopted by assemblies in contexts of decolonization linked to the Algerian War and independence movements in India and Indonesia.
Argentina: the assemblies around Congress of Tucumán, the Constituent Congress of 1853, and reforms involving Domingo Faustino Sarmiento and Justo José de Urquiza. Mexico: the Constituent Congress of 1824, the Constitutional Convention of 1917, and amendments influenced by Venustiano Carranza and Plutarco Elías Calles. Chile: the National Congress of Chile, the 1980 Chilean Constitution process and reforms involving Salvador Allende and Augusto Pinochet. Spain: the Cortes Generales assemblies producing the Spanish Constitution of 1978 after transition led by Adolfo Suárez and King Juan Carlos I. Venezuela: the 1999 Constituent Assembly of Venezuela convened by Hugo Chávez and prior congresses tied to Rómulo Betancourt. Peru: constituent moments with actors like Simón Bolívar and later processes under Alberto Fujimori and Francisco Morales Bermúdez. Bolivia, Ecuador, Colombia, and Uruguay: recurrent assemblies with figures such as José Ballivián, Galo Plaza, Simón Bolívar (as a liberator), and José Batlle y Ordóñez.
Composition varies: delegates may be elected by suffrage mechanisms used in elections like those contested by Peronism, Partido Revolucionario Institucional, Partido Socialista Unido de Venezuela, and National Action Party (Mexico), appointed by heads akin to Augusto Pinochet, or selected from bodies such as the National Congress (Chile), Congress of Colombia, Bolivian Constituent Assembly (2006–2007), and Ecuadorian Constituent Assembly (2007–2008). Powers often include supremacy over ordinary legislation like acts passed by Congress of the Republic (Peru), the ability to abrogate constitutions such as the Constitution of 1967 (Spain), and to define institutions like the Supreme Court of Justice of Argentina, Tribunal Constitucional (Peru), Corte Suprema de Justicia de la Nación (Argentina), and Constitutional Court of Colombia.
Election methods draw on systems used by Electoral Tribunal of Panama, National Electoral Institute (Mexico), Servicio Electoral (Chile), and National Electoral Council (Venezuela), ranging from proportional representation as in D'Hondt method applications to majority systems advocated by figures like José de San Martín and Miguel de Unamuno. Formation may follow pacts negotiated in forums including the Organization of American States or the United Nations Security Council, and transitional accords like the Accord of Potosí or the Patriotic Union (Colombia) settlements, often influenced by political parties such as Colorado Party (Uruguay), Liberal Party (Colombia), Christian Democratic Party (Chile), and Socialist Party (Spain).
Debates involve legitimacy contested in cases like the 1999 Venezuelan Constituent Assembly, the 1980 Chilean Constitution process, and controversies paralleling disputes seen in the Ukrainian Constitution of 1996 or the Weimar Republic. Contentious topics include rights derived from instruments like the Universal Declaration of Human Rights, indigenous rights advocated by movements linked to leaders such as Evo Morales and Subcomandante Marcos, separation of powers referencing precedents like the Federalist Papers and institutions such as the Supreme Court of the United States and Constitutional Court of Spain, and economic models debated with references to policies by Juan Perón, Getúlio Vargas, Lázaro Cárdenas, and José Batlle y Ordóñez.
Congresses Constituyentes have produced landmark constitutions like the Mexican Constitution of 1917, the Argentine Constitution of 1853, and the Spanish Constitution of 1978, establishing structures for presidents such as Simón Bolívar (as President), Gabriel García Moreno, Rafael Correa, and institutional reforms affecting bodies like the Banco Central de la República Argentina and Corte Suprema de Justicia de Colombia. Their legacies influence ongoing debates in supranational courts such as the European Court of Human Rights and regional mechanisms like the Inter-American Court of Human Rights, and continue to shape constitutionalism in nations undergoing transitions exemplified by South Africa and Tunisia.
Category:Constituent assemblies