PHILOSOPHY OF LAW 2011

A bibliographic research leads us to propose a division of historical development

Constitutional in the following periods:
a. Pre-independence period 1808-1821 and the period of annexation of Central America to
Mexico 1821-1823 (Bayonne Constitution 1808, Constitution of the Monarchy
Spanish from Cádiz 1821.
b. Post-separation period of the provinces of Mexico 1824-1838 (Constitution
Federal Republic of Central America 1824, Political Constitution of the State of
Honduras 1825, Political Constitution of the State of Honduras 1831.
c. Post-separation Period of the provinces of the Federation 1838-1873
Political Constitution of the State of Honduras 1839, Political Constitution of
State of Honduras 1848, Political Constitution of the Republic of Honduras 1865,
Political Constitution of the Republic of Honduras 1873.
d. Period of the Modernization of the Republic, 1876-1892, (Political Constitution of
State of Honduras 1880, 1894, 1904, 1924, 1936, 1957, 1965, 1982.

POLITICAL CONSTITUTION OF THE STATE OF HONDURAS OF 1825

The Political Constitution of the State of Honduras of December 11, 1825, was the
first Constitution of the State of Honduras gathering the first National Assembly
Constituent Assembly of Honduras in Mineral de Cedros. On December 11, 1825, it was sworn in.
this Constitution proclaiming the State of Honduras as a free country and
independent of any power or government, establishes the 3 branches of the State, imposed the
Catholic religion without allowing any other, the mayors had the authority to administer
justice, serving as mediators in civil claims.

This legislative body inaugurated its sessions on September 19, 1824, of the counting.
Don Dionisio de Herrera was elected as the first head of state, and as vice-head Don
José Justo Milla.

In the year 1825, Honduras was divided into 7 departments: Comayagua, Tegucigalpa (today
Francisco Morazán, Gracias (now Lempira), Santa Bárbara, Yoro, Olancho, and Choluteca.

POLITICAL CONSTITUTION OF THE STATE OF HONDURAS OF 1831

This Constitution was not in effect due to the civil wars of the time, it follows the
same modalities of the Federal State.

POLITICAL CONSTITUTION OF THE STATE OF HONDURAS OF 1839

On October 7, 1838, a National Constituent Assembly is established in Comayagua.

On January 12, 1839, a new Honduran Constitution was issued as a detached State.

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of the Federation. Declared "THE FREE AND SOVEREIGN STATE OF HONDURAS IS

INDEPENDENT OF THE GENERAL GOVERNMENT OF THE STATES AND OF ALL
GOVERNMENTS OR FOREIGN POWERS.

With this Constitution, the Senate system was established.

As for the territory, for the first time the boundaries were marked.
maintaining the Catholic religion as official, although the government protected the
others who came to settle in the country.
The rights and guarantees were the same as in the previous Constitutions, and
In addition, the principle of annuality for the budget of expenses was established.
The presidential term was two years allowing for re-election only once.
The Judiciary was made up of 7 magistrates, one regular and one alternate.
each department.
The elections of the powers were direct.

September 15, 1842, was executed in the central square of San José, Costa Rica.
maximum leader of the Central American Union of General Francisco Morazán Quezada.

POLITICAL CONSTITUTION OF THE STATE OF HONDURAS OF 1848

Doctor Juan Lindo succeeded General Ferrera in the Presidency of Honduras.

new Constitution on March 4, 1848.

The form of government was republican, popular, representative and was exercised by 3
powers.
In the Legislative power, bicameralism was enshrined as: the chamber of
deputies and the chamber of senators, these were independent of each other.
the duration of the presidential term was 4 years and they could be re-elected for one additional term
time interval.
The Supreme Court of Justice was divided into two sections, each with 3
regular magistrates, and two substitutes that would be elected by the General Assembly, one in
Comayagua and another in Tegucigalpa.
This Constitution abolished the death penalty with its exceptions the trials
civil actions for defamation could not be initiated unless it was noted that an attempt had been made
Before the means of conciliation, there could not be 2 trials for the same issue.
crime.
On December 14, 1849, while Juan Lindo was president, it was elevated to the rank of University.
(Today National Autonomous University of Honduras, UNAH) to the Center for Studies called
Good Taste and the Entrepreneurial Genius, which had been founded by Presbyther José
Trinidad Reyes.

Political Constitution of the Republic of Honduras of 1865

General José María Medina was appointed as President of the Republic, he understood everything.
the territory that was known as the province of Honduras during Spanish domination.

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The government was popular, representative, and exercised by three powers, again it
established the Catholic, Apostolic and Roman Religion as official.
The position of General Treasurer of the Republic was created and in the departments, Intendants,
law marked out its functions and qualities.
It was in this Constitution that HABEAS CORPUS was recognized for the first time.
art.77.
The death penalty was abolished in political matters and was only left for crimes of
murder, premeditated homicide, assault or arson if it results in death and
parricide.
The presidential term was 4 years but without consecutive reelection and it was
Commander in Chief of the Army and Navy.
The Judiciary was exercised by a Court divided into 2 sections and the others
Courts, each section composed of at least 3 permanent judges and 2
substitutes.
To reform this Constitution, 2/3 votes were needed.
On February 16, 1866, during the presidency of José María Medina, the Pavilion was created.
National and the Departments of El Paraíso and La Paz were created.

POLITICAL CONSTITUTION OF THE REPUBLIC OF 1873

On December 14, the Deputies were successfully gathered, and thus the National Congress issued a
new Fundamental Charter enacted by Dr. Celeo Arias who had taken office
power.

The Catholic religion was reiterated as official under the protection of the government at all times.
with the exclusion of the public exercise of another worship.
Citizenship was set at the age of 20 and at 18 if one was married or had children.
any literary degree.
The Legislative Power was exercised equally by a Congress of elected Deputies with
a duration of 4 years with the possibility of being re-elected once.
The presidential term was 4 years, and presidential re-election was prohibited for
no cause or pretext.
The judiciary was exercised by a court divided into sections and others.
Courts, the residence was the same as the previous Constitution.
The military jurisdiction was maintained, as well as the Habeas Corpus, the detention for
the inquiry did not take more than 6 days. The penalties should be proportional to the crime and
no body was over 10 years old.

PERIOD OF THE MODERNIZATION OF THE REPUBLIC (1876-1982)

POLITICAL CONSTITUTION OF THE REPUBLIC OF HONDURAS OF 1880

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On August 27, 1876, in the port of Amapala, he assumed power as elected President.
Dr. Marco Aurelio Soto, a period in which the liberal reform emerged that drove the
public order, the legal, economic, and educational structure was modernized.

Doctor Soto had the collaboration of young jurists who integrated the Power
Constituent Assembly of 1880, who developed the entire modern codification of Honduras.
how to be:

Civil Code;
Penal Code;
Military Code;
Procedures Code;
Public Education Code;
The Mining Law.
The Telegraph, the Post Office, and the Hospital were first established in Honduras.
General San Felipe and the National Library.
He transferred the capital from Comayagua to Tegucigalpa.
He created the departments of Intibucá and Colón.
New rules were established for traversing the territory of the Republic in which one could
exit it without a passport.
Freedom of worship was established.
Education became mandatory, secular, and free (primary education).
Mining concessions were granted to companies and the country developed in the sector.
agricultural and mining.
The Judiciary was exercised by the Supreme Court of Justice composed of 5
Magistrates and by the Superior and Inferior Courts.
The municipal authority was consecrated.

Being president, General Domingo Vásquez created the Departments on July 4, 1893.
of Cortés in honor of Hernán Cortés and the dept. of Valle in honor of José Cecilio del Valle.

POLITICAL CONSTITUTION OF THE REPUBLIC OF HONDURAS OF 1894

After the resignation of Doctor Marco Aurelio Soto, the power of the Nation was taken over by the
Council of Ministers, who called for elections for supreme authorities in
In 1893, Doctor Policarpo Bonilla was elected, assuming power on February 23.
from 1894.

This constitution was affirmed, it was one of the most progressive and had had
Honduras.
The secret and direct vote was consecrated.
Electoral minorities were recognized.
The abolition of the death penalty was consolidated.
Prison sentences should not exceed 15 years.

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The amparo resource was declared and the Habeas Corpus was affirmed.
The power to declare a law unconstitutional was established by the power.
Judicial.
The exercise of all religions was consecrated.
Debtors' prison was prohibited.
The Attorney General of Finance was created.
Mandatory Military Service was established.
Citizenship was established for all Hondurans over the age of 21.
The Presidential term was 4 years with no possibility of reelection.
The Supreme Court of Justice was made up of 5 Judges and by Courts
and popularly elected inferior judges.
Laws were created for: Printing, State of Siege, Protection, and Elections.

Doctor Policarpo Bonilla created the department of Copán on May 28, 1896 and delivered the
power in 1899 to General Terencio Sierra. On May 7, he was declared constitutionally
elected president of the Republic General Manuel Bonilla.

POLITICAL CONSTITUTION OF THE REPUBLIC OF 1904

(IN EFFECT SINCE 1906)

While General Manuel Bonilla was president, on February 12, 1904, he called for elections.
From the Provincial Council for the Constituent Assembly, a new Constitution was approved on the 2nd of
September 1904 and came into effect on March 1, 1906, by the creation of laws
secondary schools.

The National Congress had the authority to elect the Magistrates of the Court.
Supreme Court of Justice.
The re-election of the President of the Republic was authorized for one more term, if he
The Council of Ministers would assume it, not the Vice President.
The death penalty was reestablished for serious crimes.
The vote became public (secret in the previous Constitution).
It maintained the same citizen guarantees, ensuring religious freedom, the
Habeas Corpus and the protection, secular, mandatory, and free education was maintained.
The Attorney General of Public Finance and the Municipal Autonomy was maintained.
The departments of Ocotepeque were created and the Ruling of the King was obtained.
Spain Alfonso XIII, defining the border limits with Nicaragua and that went to
favor of Honduras.
The majestic National Theatre was built.

Due to the internal political issues of the time, and being President of the Republic
General Miguel R. Dávila the Constitution of 1906 ceased to be in force through decree
No. 3 issued by the Constituent National Assembly on February 8, 1908, declaring
in force the Constitution of October 1894.

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POLITICAL CONSTITUTION OF THE FEDERAL REPUBLIC OF CENTRAL AMERICA OF 1921

On September 9, 1921, Honduras participated in the new unionist attempt with

Guatemala and El Salvador, fulfilling the pact they had signed in San José of
Costa Rica on January 19, 1921, where the three countries formed a Federation
Sovereign and independent, which is called the Republic of Central America, which could not
put into practice.

POLITICAL CONSTITUTION OF THE REPUBLIC OF HONDURAS OF 1924

By decree No. 7 of September 19, 1924, assembled the deputies in

Tegucigalpa gave Honduras a new Constitution, which declared Honduras
like a disaggregated state of the Republic of Central America.

It enshrined the same rights and guarantees as the previous Constitutions.

(Habeas Corpus, Writ of Amparo, abolition of the death penalty).
The direct and secret vote and the representation of minorities were integrated.
The sacred asylum was established for those who took refuge in the national territory and
the inviolability of one's home.
The maximum prison sentence 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 power is eliminated.
He admitted the expropriation of properties for public necessity and utility, always.
according to law.
Reestablished the laws of printing, state of emergency, amparo, elections and
agrarian.
The presidential term was 4 years with a Vice President.
The Judiciary is formed by the Supreme Court of Justice, composed of 5
Magistrates elected by the National Congress and their term was 4 years.
The Unconstitutionality Resource is reiterated and the Review resource is admitted in
Criminal, Common, and Military Law.
During the presidency of Dr. Miguel Paz Barahona, the Lempira was adopted as the unit.
monetary in Honduras, by decree No. 102 on April 3, 1926.

POLITICAL CONSTITUTION OF THE REPUBLIC OF HONDURAS OF 1936

While General Carías Andino was president of the Republic, on January 9, 1936, the
National Congress issued a call for the election of Deputies to the National Assembly
Constitutional, on March 28, 1936, by Decree No. 3, sanctioning the new
fundamental text.

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It recognizes the same guarantees and principles as before.

The Honduran born in the national territory would not have another nationality.
In Honduras, while residing in the country, Jus Sanguini was recognized;
that in the previous Constitutions only Jus Soli was recognized.
Habeas Corpus was once again consecrated, the amparo, the penalties were always
12 years and the accumulated 20 years.
The church was once again declared separated from the State, and free
exercise of religions as long as it did not oppose the laws of the country.
The full ownership transfer was prohibited.
It was established that the Judiciary, the Justices of the Supreme Court of Justice
were elected by the National Congress.
The constitutional extension of the constitutional period was ratified until
on January 1, 1949; being in power for a period of 16 years,
handing it over to his successor Dr. Juan Manuel Gálvez, (who was his minister of
War).
Dr. Gálvez issues the legislative decree regarding the imprisonment of the working masses where
the non-working days and holidays are indicated along with the method of payment, and the law was issued
Occupational Accidents, the Law on Minors and Women, and then the General Directorate
of Labor and Social Provision.
By Decree No. 53, on February 3, 1950, the Central Bank was created.
Honduras.
In June 1954, the general strike of banana workers originated in the
Costa Norte, known as the strike of 54, lasted 69 days, the same that gave
place a:
a. Constitutional charter of labor constitutional guarantees on February 16
1955
b. Law of Mediation, Conciliation, and Arbitration on March 14, 1955; and
c. Railroad Labor Law that served as the basis for the issuance of the Code
of Work by the National Congress on May 19, 1959.
By decree No. 1 of December 16, 1954, Mr. Julio Lozano Díaz
assume all the powers of the State of Honduras, while the National Assembly
Constituent reorganized the government.
Women were granted the right to exercise suffrage.
By decree No. 52 of February 21, 1957, the Department of Gracias was created.
God.

On October 21, 1956, the Armed Forces assumed the supreme command of the Nation.
through a Military Junta.

POLITICAL CONSTITUTION OF THE REPUBLIC OF HONDURAS OF 1957

Upon the overthrow of Lozano Díaz by the Military Junta, calling for a National Assembly
Constituent, electing Dr. Ramón Villeda Morales, handing over power of 21 of
December 1957, repealing the Constitution of March 28, 1936, under the dictatorship
from General Carías.

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Honduras was declared a sovereign and independent State, recognizing the

individual rights and guarantees recognized in the previous Constitutions.
The presidential re-election was prohibited, declaring that the violation of this rule
gave rise to the popular uprising.
It grants political parties the status of Public Law Institutions.
It established direct, equal, and secret voting.
Motherhood and marriage were protected by the State, as well as marriage of
fact; the differences between legitimate and natural children were eliminated.
The issuance of the Labor Code was declared of public utility and the Law was issued.
of Social Security.
The right to strike and halt was recognized.
The Industrial Promotion Laws and the Agrarian Reform were issued.
University Autonomy was proclaimed.
The State recognized and guaranteed private property and admitted intervention from
State in the private economy, for reasons of public order and social interest.
The General Supply Office of the Republic was created, the Administration Office of
National Properties, The General Contracting of the Republic (now the Superior Court
of Accounts), the Civil Service Regime, the Autonomous Municipal Bank was formed
the Central District with Tegucigalpa and Comayagüela.
He followed the model of the three branches of government.
The three appointed Presidential representatives were created to replace the incumbent president.
The Superior Council of National Defense was created.
The Labor Code, Agrarian Reform Law, Social Security were issued; and
they established: the National Board of Social Welfare, National Institute of the
Housing (INVA), The National Autonomous Service of Aqueducts and Sewers
(SANAA), The National Electric Energy Company (ENEE), and was granted the
autonomy to the National Autonomous University of Honduras (UNAH).

Dr. Villeda Morales was overthrown on October 3, 1963, by the Armed Forces.
Honduras, under the command of Colonel Oswaldo López Arellano.

POLITICAL CONSTITUTION OF THE REPUBLIC OF HONDURAS OF 1965

As Head of State, Colonel Oswaldo López Arellano (Coup d'état) summoned

new elections for Deputies to the Constituent National Assembly electing
Constitutional President of the Republic for a period of 6 years to General Oswaldo
López Arellano, recently elevated to this rank by the Constituent National Assembly.

The budget of the UNAH was increased by 3%.

Definition of the Flag and the National Coat of Arms of Honduras as national symbols,
likewise the Anthem.
The Military Forecasting Institute was created.
The Executive Power was formed by a President and 3 appointees.

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The presidential term was 6 years with no possibility of reelection.

The Judiciary increased the number of Magistrates to 7, and 7 regular and 5
substitutes.
The National Port Company and the Workers' Bank IMPREMA were created.

On December 4, 1972, the Armed Forces of Honduras once again took over.
all the powers of the State, by decree No. 1 of December 6, 1972, and
they were in power until 1982, the date on which General Policarpo Paz García handed over the
power to the elected President Dr. Roberto Suazo Córdova.

POLITICAL CONSTITUTION OF THE REPUBLIC OF HONDURAS OF 1982

On December 1, 1979, the National Elections Tribunal in compliance with

mandate contained in Article 227 of the Electoral Law and Political Organizations that
were issued during the government of General Castro, calls on the Honduran people to
to elect the Deputies to the National Constituent Assembly, with the purpose of drafting a
new Constitution and reorganize the powers of the State, provisionally appointing the
General Policarpo Paz García and serving as president of the Assembly Dr. Roberto
Suazo Córdova, it was thus that by decree no. 131 in January 1982 they decreed and
The present Constitution of the Republic of Honduras was sanctioned, published on the 20th of
January 1982 in the official newspaper La Gaceta, 23,612.

Since its issuance to date, a constitutional approach can be seen in terms that
lead to a new perspective on democratic protagonism in the country regarding:

The functional redefinition with the New Supreme Electoral Court.

The declarations and guarantees 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 confinement treatment for minors.
age.
About the role and unification of criteria in higher education.
The competencies and limitations of the members of the branches of government.
Removal of immunity of Deputies and high 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 General Comptroller 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 in relation to civil power and the Forces
Navies 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 Power.

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The new role of the National Registry of Persons, the Law on Justice
Constitutional that establishes the competence of the Institutions through
Supreme Court of Justice and the reform and ratification of Article 5 regarding the figure of
referendum and plebiscite.
The reforms regarding the way a treaty that affects one is approved were approved.
constitutional provision, Habeas Corpus remedies, etc.
Faculty, powers and organization of the Supreme Court of Justice, which must
to be ratified in the current legislature.

In conclusion, the presentation of the main features of the different

Constitutions that have governed from 1808 to 1965 and the current one of 1982, have as
Purpose to open a gap for the study of Comparative Constitutional Law.

Most relevant of the Constitution of 1982:

The congress may interpret the Constitution of the Republic in ordinary sessions, not
they will be able to interpret articles 373 and 374.

The reforms of 2005 to articles 112 and 116 on marriage were ratified, and
The article 329 on planning was also ratified at the beginning of the year 2006.
economic development.

The reforms to Article 17 concerning the reform were approved in 2006.

resources of Habeas Corpus, Habeas Data, and Amparo; to 182, 183, 185, and 186 and reform to the
articles 303, 313, and 316 referring to the powers and attributions of the Supreme Court
Justice, but in the following legislature they were not ratified, which is why it continues to be maintained.
the original text from 1982.

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