The Constitution of the Republic of

Honduras
The Constitution of the Republic is the supreme statute of a State.

It is the one that sets the limits and defines the relationships between the different powers of
the State. In the case of Honduras; Executive, Legislative and Judicial, all related to the laws
that govern citizens.

The first Constitution of the Republic of Honduras came into force in 1825, since then until
today the country has had 14 constitutions.

However, some legal experts assure that the country has had 16 constitutions, of which 13 are
national and 3 federative. Despite this, it is still said that Honduras has had 14 constitutions.

The Constitutions of Honduras

1. Political Constitution of the State of Honduras of 1825

This was the first Constitution of the State of Honduras. She was sworn in in Comayagua on
December 11, 1825, with Dionisio de Herrera being Head of State.

2. Political Constitution of the State of Honduras of 1831

This Constitution was not valid due to the civil wars of the time.

3. Political Constitution of the State of Honduras of 1839

It was established on October 7, 1838. This was the first constitution of Honduras detached
from the Federation.

4. Political Constitution of the State of Honduras of 1848

It was issued on February 4, 1848

5. Political Constitution of the Republic of Honduras of 1865

It was issued on September 29, 1865

6. Political Constitution of the Republic of Honduras of 1873

It was issued on December 23, 1873

7. Political Constitution of the Republic of Honduras of 1880

It was issued on November 1, 1880. He left open the possibility of being a federation

8. Political Constitution of the Republic of Honduras of 1894

It was issued on October 14, 1894

9. Political Constitution of the Republic of Honduras of 1904

It was approved on September 2, 1904, according to decree number 60, but came into force
on March 1, 1906.

10. Political Constitution of the Republic of Honduras of 1921

It was signed on January 19, 1921. With this constitution, the Republic of Honduras made an
attempt to unite with Guatemala and El Salvador, and decreed the political constitution of the
Federal Republic of Central America, where the 3 countries would constitute a sovereign and
independent federation called the Republic of Central America. This could never be put into
practice.

11. Political Constitution of the Republic of Honduras of 1924

It was issued on September 10, 1924

12. Political Constitution of the Republic of Honduras of 1936

It was decreed on March 28, 1936

13. Political Constitution of the Republic of Honduras of 1957

This constitution repealed the constitution of March 28, 1936 and gave way to the dictatorship
of General Tiburcio Carias Andino.

14. Political Constitution of the Republic of Honduras of 1965

It was written in early 1965

15. Political Constitution of the Republic of Honduras of 1982

This is the constitution that is currently in force in the country. It was decreed on January 11,
1982.

Components of

The Constitution of the Republic of Honduras

The constitution of the Republic of Honduras is structured in 2 ways: Formal and Material.

Formal Structure: It contemplates the justification of the constituent power itself, national
sovereignty, constituted powers and table of fundamental rights.

Material structure: The preamble constitutes the expository part that precedes a regulation of
the Constitution, law or regulation.

The constitution of Honduras is made up of 8 Titles, 43 Chapters and 378 articles. Currently,
the country has approximately 4,547 laws that govern the social order.

Titles and Chapters of

The Constitution of the Republic of Honduras

Title I: Of the State

Chapter I. Of the organization of the State

Chapter II. Of the territory

Chapter III. Of the treaties

Title II: Nationality and citizenship

Chapter I. From the Hondurans

Chapter II. Of the foreigners

Chapter III. Of the citizen

Chapter IV. Of suffrage and political parties

Chapter V. Of the electoral function

Title III: Declarations, rights and guarantees

Chapter I. From the statements

Chapter II. Of individual rights

Chapter III. Of social rights

Chapter IV. Of the rights of the child

Chapter V. From work

Chapter VI. Of social security

Chapter VII. Of the health

Chapter VIII. Of education and culture

Chapter IX. Of housing

Title IV: Constitutional guarantees

Chapter I. Habeas corupus and protection

Chapter II. From Of unconstitutionality and revision

Chapter III. Of the restriction or suspension of rights

Title V: Of the Powers of the State

Chapter I. Of the legislative power

Chapter II. Of the formation, sanction and promulgation of the law

Chapter III. From the Comptroller General of the Republic

Chapter IV. From the Attorney General's Office of the Republic

Chapter V. From From the Administrative Probity Directorate

Chapter VI. Of the Executive Branch

Chapter VII. From the Secretaries of State

Chapter VIII. From the civil service

Chapter IX. Of decentralized institutions

Chapter Of the Armed Forces

Chapter XI. Of the departmental and municipal regime

Chapter XII. Of the Judiciary

Chapter XIII. Of the responsibility of the State and its servants

Title VI: Of the economic regime

Chapter I. Of the economic system

Chapter II. Of currency and banking

Chapter III. Of the agrarian reform

Chapter IV. Of the financial regime

Chapter V. From the public treasury

Chapter VI. Of the budget

Title VII: Of the reform and the inviolability of the constitution

Chapter I. Of the reform of the constitution

Chapter II. Of the inviolability of the constitution

Title VIII: Transitional provisions and validity of the constitution

Chapter I. Of the transitional provisions

Chapter II. Of the validity of the constitution

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The constitution of Honduras 1982

First constitution
Main article: Constitution of the State of Honduras of 1825

The first constitution of Honduras was published on December 11, 1825 and laid the
foundations for what would be the government of Honduras, rights and presidential
successions.
The legislative body inaugurated its sessions on September 19, 1824, after the scrutiny,
Don Dionisio de Herrera was elected as the first head of state and José Justo Milla as vice-
chief. Honduras was divided into seven departments: Comayagua, Tegucigalpa Note 1 ,
Gracias Note 2 , Santa Bárbara, Yoro, Olancho and Choluteca.

Second constitution
Main article: Constitution of the State of Honduras of 1831

The Federal State has the same powers: Legislative, Executive and Judicial, and the same
rights and freedoms of the inhabitants that had already been established in the previous
constitution.

Third constitution
Main article: Constitution of the State of Honduras of 1839

On January 12, 1839, a new Honduran Constitution was issued as a State separated from
the Federation. He declared “ THE FREE AND SOVEREIGN STATE OF HONDURAS IS
INDEPENDENT OF THE GENERAL GOVERNMENT OF THE STATES AND OF ALL
FOREIGN GOVERNMENTS OR POWERS .” With this Constitution, the Senate system
became, an owner and a substitute for each department. The territory that consisted of was
no longer said to correspond to the bishopric of Honduras but to “the Spanish government”,
for the first time the limits were indicated, always preserving the Catholic religion as official,
although the government protected others who came to settle in the country. The rights and
guarantees were the same as in previous Constitutions, and the principle of annuality was
also enshrined in the expenditure budget. The presidential term was two years, allowing re-
election only once, with the requirements for president being: Over 30 years old; Be from
the secular state; Be from Central America by origin and be exercising your rights. The
Judicial Branch was made up of 7 magistrates, an owner and a Deputy for each
department: Comayagua; Tegucigalpa (Current Department of Francisco Morazán); Thank
you (Current Department of Lempira); Saint Barbara; Olancho and Choluteca. The Superior
Court of Justice was divided into 3 chambers: 2 for appeals and one for civil matters, one
for criminal matters and the third for supplications Note 3 .

Fourth constitution
Main article: Constitution of Honduras of 1848

The new Constitution was issued on March 4, 1848, during the government of Mr. Juan
Lindo . The form of government was republican, popular, representative and was exercised
by 3 different powers: Legislative, Executive and Judicial; The first received in the
representative body, the second in a president and the third in the Court of Justice and
lower courts. In the Legislative power, bicameralism was established as: the chamber of
deputies and the chamber of senators, these were independent of each other. The
executive power was exercised by a president of State appointed directly by the citizens of
Honduras, who had to be elected by an absolute majority of votes, otherwise the chambers
meeting in a general assembly would elect him from among the two or more who had
obtained a majority of votes, The duration of the presidential term was 4 years and they
could be re-elected only once without a time interval. The Supreme Court of Justice was
divided into two sections, each with 3 regular magistrates, and two substitutes who would
be elected by the General Assembly, one in Comayagua and the other in Tegucigalpa. In
this Constitution, the death penalty was abolished with its exceptions, civil trials for insults
could not be filed unless it was established that the means of conciliation had been tried
before, likewise there could not be 2 trials for the same crime.

Fifth constitution
Main article: Political Constitution of Honduras of 1865

Issued in the government of Captain General José María Medina . The government was
Popular, representative and was exercised by three powers, once again the Catholic
Church was established as official. The position of General Treasurer of the republic was
created and in the Mayor departments, the law demarcated their functions and qualities. It
was in this Constitution that HABEAS CORPUS Note 4 was recognized for the first time. The
death penalty was abolished in political matters and was only left as crimes of murder,
premeditated manslaughter, assault or arson if it resulted in death and patricide. The
presidential term was 4 years but without successive re-election and he was Commander in
Chief of the Army and Navy. The Judicial Power was exercised by a Court divided into 2
sections and the other Courts, each section composed of at least 3 regular Magistrates and
2 substitutes. To reform this Constitution, 2/3 votes were needed.

Sixth constitution
Main article: Political Constitution of Honduras of 1873

The new Fundamental Constitution promulgated by Doctor Céleo Arias who had assumed
power. The Catholic religion was reiterated as an official religion under the protection of the
government, always with the exclusion of the public exercise of another religion. Citizenship
was set at the age of 20 and at 18 if one had married or had any literary degree. The
Legislative Power was exercised equally by a Congress of Deputies elected with a duration
of 4 years and could be re-elected once. The presidential term was 4 years, presidential re-
election was prohibited for any reason or pretext. Judicial power was exercised by a Court
divided into sections and other Courts, residence was the same as the previous
Constitution. The jurisdiction of war was maintained, the same as Habeas Corpus, the
detention for investigation did not exceed 6 days. The penalties had to be proportional to
the crime and none of them exceeded 10 years.

Seventh constitution
Main article: Political Constitution of Honduras of 1876

Dictated during the government of Marco Aurelio Soto , the new constitution included,
among other reforms, issuing a Civil Code; Penal Code; Military Code; Code of
Procedures; Public Education Code; a The Mining Law. He established for the first time in
Honduras the Telegraph, the Post Office and founded the San Felipe General Hospital and
the National Library. He moved the Capital from Comayagua to Tegucigalpa and built the
parks where the busts of: General are currently located. Francisco Morazán, José Trinidad
Cabañas, Don Dionisio de Herrera and the priest José Trinidad Reyes. Creation of the
departments of Intibucá and Colón. New rules were established for transiting the territory of
the Republic in which it was possible to leave it without a passport. Freedom of religion was
established. Education became mandatory, secular and free (primary). Concessions were
granted to mining companies and the country developed in the agricultural and mining
sectors. The Judicial Power was exercised by the Supreme Court of Justice composed of 5
Magistrates and by the Superior and Inferior Courts. The appointment of Magistrates was
subject to the National Congress and municipal authority was established.

Eighth constitution
Main article: Political Constitution of Honduras of 1894

The new Constitution issued during the government of José Policarpo Bonilla Vásquez
contained, among other things: The secret and direct vote was established. Electoral
minorities were recognized. The abolition of the death penalty was consolidated. Prison
sentences should not exceed 15 years. The appeal for protection was declared and
Habeas Corpus was affirmed. The power to declare a Law Unconstitutional by the Judiciary
was established. The exercise of all religions was consecrated. Prison for debt was
prohibited. The Attorney General of the Treasury was created. Compulsory Military Service
was established. Citizenship was established for all Hondurans over 21 years of age. The
Presidential period was 4 years without the possibility of being re-elected. The Supreme
Court of Justice was made up of 5 Magistrates and popularly elected lower Courts and
Judges. The laws of: Printing, State of Siege, Amparo and Elections were created.

Ninth constitution
Main article: Political Constitution of Honduras of 1904

Issued during the government of General Manuel Bonilla, the new Constitution was created
on September 2, 1904 and came into force on March 1, 1906, through the creation of
secondary laws. The National Congress had the power to elect the Magistrates of the
Supreme Court of Justice. The re-election of the President of the Republic for one more
period was authorized; if he were absent, the Council of Ministers would take over and not
the Vice President. The death penalty was again established for serious crimes. The vote
became public Note 5 . It kept citizen guarantees the same, guaranteeing religious freedom,
Habeas Corpus and protection; secular, compulsory and free education was maintained.
The Attorney General of Public Finance and Municipal Autonomy were maintained. The
departments of Ocotepeque were created and the Award of Alfonso XIII King of Spain was
obtained, defining the border limits with Nicaragua and which were in favor of Honduras.
The majestic National Theater was built.

Constitution of the Federal Republic of Central America

Main article: Political Constitution of the Federal Republic of Central America of 1921

During the government of Dr. Francisco Bertrand Barahona on September 9, 1921,

Honduras participated in the new unionist attempt with Guatemala and El Salvador,
complying with the pact that they had signed in San José de Costa Rica on January 19,
1921, where the Three countries formed a Sovereign and independent Federation called
the Republic of Central America, which was not carried out.

Tenth constitution
Main article: Constitution of Honduras of 1924

During the presidency of General Vicente Tosta Carrasco, Decree No. 7 of September 19,
1924, the deputies meeting in Tegucigalpa gave Honduras a new Magna Carta, which
declared Honduras as a State disintegrated from the Republic of Central America. It
enshrined the same rights and guarantees of the previous Constitutions (Habeas Corpus,
Amparo, abolition of the death penalty). Direct and secret voting and minority
representation were integrated. Sacred asylum was established for those who took refuge
in the national territory and the inviolability of their home. The maximum prison limit was 12
years and 20 for the accumulation of crimes. The Church is separated from the State and
religious freedom is established. The use of stamped paper in requests from the executive
branch is eliminated. It admitted the expropriation of real estate for public necessity and
utility, always in accordance with the law. He re-established the Printing, State of Siege,
Protection, Elections and Agrarian Laws. The presidential period was 4 years with a Vice
President. The Judicial Branch is made up of the Supreme Court of Justice, made up of 5
Magistrates elected by the National Congress and their term was 4 years. The
Unconstitutionality Appeal is reiterated and the Review appeal in Criminal, Common and
Military matters is admitted.

Eleventh constitution
Main article: Constitution of Honduras of 1936
Issued during the administration of General Tiburcio Carias Andino , on March 28, 1936, by
Decree No. 3, sanctioning the new fundamental text. Recognizes the same guarantees and
principles as above. The Honduran born in the national territory would not have another
nationality other than Honduras while residing in the country, the Jus Sanguini was
recognized while in the previous Constitutions only the Jus Soli was recognized. Habeas
Corpus and amparo were once again consecrated; the penalties were always 12 years and
the accumulated penalties were 20 years. The church was once again declared separate
from the State, and the free exercise of religions was guaranteed as long as it did not
oppose the laws of the country. The alienation of full ownership was prohibited. It was
established that the Judicial Power, the Magistrates of the Supreme Court of Justice were
elected by the National Congress. The extension of the constitutional period was
constitutionally ratified, until January 1, 1949.

Twelfth constitution
Main article: Constitution of Honduras of 1957

Issued during the government of Dr. José Ramón Adolfo Villeda Morales . Honduras was
declared a sovereign and independent State, recognizing the individual rights and
guarantees recognized in previous Constitutions. Presidential re-election was prohibited,
declaring that violation of this norm gave the right to popular insurrection. It gives the
character of Public Law Institutions to political parties. It established direct, equal and
secret voting. Maternity and marriage, as well as de facto marriage, were protected by the
State; The differences between legitimate and natural children were eliminated. The
issuance of the Labor Code was declared of public utility and the Social Security Law was
issued. The right to strike and stoppage was recognized. The Industrial Development and
Agrarian Reform Laws were issued. The State recognized and guaranteed private property
and admitted State intervention in the private economy, for reasons of public order and
social interest. The General Procurement Office of the Republic, the Office of
Administration of National Assets, the General Contracting of the Republic Note 6 , the Civil
Service Regime, the Autonomous Municipal Bank and the Central District with Tegucigalpa
and Comayagüela were created. It followed the model of the three powers of the State. The
three Presidential appointees were created to replace the titular president. The Higher
Council of National Defense was created. The following were issued: the Labor Code,
Agrarian Reform Law, Social Security; and the following were established: the National
Board of Social Welfare, the National Housing Institute (INVA), the National Autonomous
Service of Aqueducts and Sewers (SANAA), the National Electrical Energy Company
(ENEE).

Thirteenth constitution
Main article: Constitution of Honduras of 1965

Issued during the military government of General Oswaldo López Arellano , this constitution
contemplated: Increased the budget of the National Autonomous University of Honduras
(UNAH) by 3%. The Flag and the National Shield of Honduras were defined as national
symbols, as well as the Anthem. The Military Pension Institute (IPM) was created. The
Executive Branch was made up of a President and 3 appointees. The presidential term was
6 years without reelection. The Judicial Branch increased the number of Magistrates to 7,
and 7 owners and 5 substitutes. The National Port Company of Honduras (ENP) and the
Workers' Bank (Bantra) and the Teachers' Welfare Institute (INPREMA) were created.

Fourteenth constitution
Main article: Constitution of Honduras of 1982

Issued by the National Legislative Assembly, the constitution, among other reforms,
contains: The functional redefinition with the New Supreme Electoral Tribunal. Declarations
and guarantees in order to protect the human person through respect for human rights. To
the division and redefinition between military and civil competition. Citizen security and the
need for minors' confinement treatment. On the role and unification of criteria in higher
education. The powers and limitations of the members of the powers of the State.
Elimination of the immunity of Deputies and senior officials by election and participation of
civil society in the appointment and of the members of the Supreme Court of Justice. The
replacement of the Comptroller General of the Republic of the Directorate of Administrative
Probity with the Creation of the Superior Court of Accounts. Restructuring of the function,
organization and role before the civil power and the Armed Forces and Public Security, the
structure and functionality of this in the Public Administration. Nationality in the application
of Jus Soli and Jus Sanguini. The new figure of the vice president of the Executive Branch.
The new role of the National Registry of Persons, the Law on Constitutional Justice that
establishes the jurisdiction of the Institutions through the Supreme Court of Justice and the
reform and ratification of article 5 on the figure of the referendum and plebiscite. Reforms
were approved on the way a treaty that affects a constitutional provision is approved,
Habeas Corpus remedies, etc. The Faculty, powers and organization of the Supreme Court
of Justice, which must be ratified in the current legislature.
1
The 1982 Constitution presents several reforms made in later years.