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Paraguay THE GOVERNMENTAL SYSTEM
Constitutional Development
The Republic of Paraguay is governed under the Constitution of
1967, which is the fifth constitution since independence from Spain
in 1811. The Constitutional Governmental Regulations approved by
Congress in October 1813 contained seventeen articles providing for
government by two consuls, José Gaspar Rodríguez de Francia and
Fulgencio Yegros. The framers also provided for a legislature of
1,000 representatives. Recognizing the importance of the military
in the embattled country, the framers gave each consul the rank of
brigadier general and divided the armed forces and arsenals equally
between them. Within ten years, however, both Yegros and the
legislature had been eliminated and Francia ruled until his death
in 1840
(see El Supremo Dictador
, ch. 1).
In 1841 Francia's successor, Carlos Antonio López, asked the
legislature to revise the constitution. Three years later, a new
constitution granted powers to López that were as broad as those
under which Francia had governed. Congress could make and interpret
the laws, but only the president could order that they be
promulgated and enforced. The constitution placed no restrictions
on the powers of the president beyond limiting his term of office
to ten years. Despite this limitation, Congress subsequently named
López dictator for life. He died in 1862 after twenty-one years of
unchallenged rule
(see
Carlos Antonio López, ch. 1).
At the end of the disastrous War of the Triple Alliance (1865-
70), a Constituent Assembly adopted a new constitution in November
1870, which, with amendments, remained in force for seventy years.
The constitution was based on principles of popular sovereignty,
separation of powers, and a bicameral legislature consisting of a
Senate and a Chamber of Representatives. Although its tenor was
more democratic than the two previous constitutions, extensive
controls over the government and the society in general remained in
the hands of the president.
In 1939 President José Felix Estigarribia responded to a
political stalemate by dissolving Congress and declared himself
absolute dictator. To dramatize his government's desire for change,
he scrapped the constitution and promulgated a new one in July
1940. This constitution reflected Estigarribia's concern for
stability and power and thus provided for an extremely powerful
state and president. The president, who was chosen in direct
elections for a term of five years with reelection permitted for
one additional term, could intervene in the economy, control the
press, suppress private groups, suspend individual liberties, and
take exceptional actions for the good of the state. The Senate was
abolished and the Chamber of Representatives limited in power. A
new advisory Council of State was created, modeled on the
experience of corporatist Italy and Portugal, to represent group
interests including business, farmers, bankers, the military, and
the Roman Catholic Church. The military was responsible for
safeguarding the constitution.
After taking power in 1954, President Stroessner governed for
the next thirteen years under the constitution of 1940. A
constituent assembly convoked by Stroessner in 1967 maintained the
overall framework of the constitution of 1940 and left intact the
broad scope of executive power. Nevertheless, it reinstated the
Senate and renamed the lower house the Chamber of Deputies. In
addition, the assembly allowed the president to be reelected for
another two terms beginning in 1968.
The Constitution of 1967 contains a preamble, 11 chapters with
231 articles, and a final chapter of transitory provisions. The
first chapter contains eleven "fundamental statements" defining a
wide variety of topics, including the political system (a unitary
republic with a representative democratic government), the official
languages (Spanish and Guaraní), and the official religion (Roman
Catholicism). The next two chapters deal with territory, civil
divisions, nationality, and citizenship. Chapter four contains a
number of "general provisions," such as statements prohibiting the
use of dictatorial powers, requiring public officials to act in
accordance with the Constitution, and entrusting national defense
and public order to the armed forces and police, respectively.
Chapter five, with seventy-nine articles, is by far the longest
section of the Constitution and deals in considerable detail with
the rights of the population. This chapter purportedly guarantees
the population extensive liberty and freedom, without
discrimination, before the law. In addition to the comprehensive
individual rights, spelled out in thirty-three articles, there are
sections covering social, economic, labor, and political rights.
For example, Article 111 stipulates that "The suffrage is the
right, duty, and public function of the voter. . . . Its exercise
will be obligatory within the limits to be established by law, and
nobody can advocate or recommend electoral abstention." The
formation of political parties is also guaranteed, although parties
advocating the destruction of the republican regime or the
multiparty representative democratic system are not permitted. This
chapter also specifies five obligations of citizens, including
obedience to the Constitution and laws, defense of the country, and
employment in legal activities.
Chapter six identifies agrarian reform as one of the fundamental
factors for the achievement of rural well-being. It also calls for
the adoption of equitable systems of land distribution and
ownership. Colonization is projected as an official program
involving not only citizens but also foreigners.
Chapters seven through ten concern the composition, selection,
and functions of the legislature, executive, judiciary, and
attorney general, respectively. Chapter eleven discusses provisions
for amending or rewriting the Constitution. The final chapter
contains transitory articles, the most important of which states
that for purposes of eligibility and reeligibility of the
president, account will be taken of only those terms that will be
completed since the presidential term due to expire on August 15,
1968. The only constitutional amendment, that of March 25, 1977,
modifies this article to allow the president to succeed himself
without limit.
Data as of December 1988
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