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Paraguay The Executive
The Constitution of 1967 states that government is exercised by
the three branches in a system of division of powers, balance, and
interdependence. Nonetheless, in the late 1980s the executive
completely overshadowed the other two, as had historically been the
case in Paraguay. The president's extensive powers are defined in
Article 180. He is commander in chief of the armed forces and
officially commissions officers up to and including the rank of
lieutenant colonel or its equivalent and, with the approval of the
Senate, the higher ranks. The president appoints, also with the
Senate's consent, ambassadors and other officials posted abroad and
members of the Supreme Court. Judges at other levels also are named
by the president following the Supreme Court's approval. The
president selects the attorney general after consulting the Council
of State and with the approval of the Senate. The president also
appoints lower level public officials, including the rector of the
National University, the heads of the Central Bank and the National
Development Bank, and the members of the Rural Welfare Institute
(Instituto de Bienestar Rural--IBR) and the National Economic
Council. The Constitution has no provision for impeachment by the
National Congress of either the president or his ministers.
Only the president can appoint and remove cabinet ministers and
define functions of the ministries that they head. The Constitution
does not limit the maximum number of ministries but stipulates that
there must be at least five. In 1988 there were ten ministries.
These were--ranked according to total expenditures for 1987--
national defense; education and worship; interior; public health
and social welfare; public works and communications; agriculture
and livestock; finance; foreign relations; justice and labor; and
industry and commerce.
The president also names the members of the Council of State,
the nature of which is defined under Articles 188 through 192 of
the Constitution. The Council of State is composed of the cabinet
ministers, the archbishop of Asunción, the rector of the National
University, the president of the Central Bank, one senior retired
officer from each of the three services of the armed forces, two
members representing agricultural activities, and one member each
from industry, commerce, and labor. The last five members are
selected from within their respective organizations and their names
submitted to the president for consideration. All are appointed and
removed by the president. The Council meets periodically during the
three months that the National Congress is in recess and can meet
at other times should the president so request. Its function is to
render opinions on topics submitted by the president, including
proposed decree laws, matters of international politics or of an
economic or financial nature, and the merits of candidates proposed
for the position of attorney general. Nonetheless, the Council is
generally not consulted on important policy decisions.
In addition to the powers already stipulated, the president has
the right to declare a state of siege as defined in Articles 79 and
181. The state of siege provision, which was also part of the
constitution of 1940, empowers the president to abrogate
constitutional rights and guarantees, including habeas corpus, in
times of internal or external crises. Within five days of a state
of siege, the president must inform the National Congress of the
reasons for it, the rights that are being restricted, and its
territorial scope, which may include the whole country or only a
part. Article 79 stipulates that the state of siege can be only for
a limited period. Nonetheless, when Stroessner came into power in
1954, he declared a state of siege and had it renewed every three
months for the interior of the country until 1970 and for Asunción
until 1987.
The National Congress also granted Stroessner complete
discretion over internal order and the political process through
supplemental legislation, including the Law for the Defense of
Democracy of October 17, 1955, and Law 209, "In Defense of Public
Peace and Liberty of Person," of September 18, 1970. The latter,
formulated in response to perceived guerrilla threats,
significantly strengthens the executive's hand in dealing with
political challenges
(see Security and Political Offenses
, ch. 5).
In addition to the powers derived from the Constitution, the
president also has the right of ecclesiastical patronage. Under the
terms of a concordat with the Vatican, the state is expected to
maintain the property of the Roman Catholic Church and support the
clergy, in return for which the president nominates candidates for
all clerical offices, including parish priests. Although the
president's nominations are not strictly binding on the Holy See,
historically there has been little tendency to ignore his
preferences.
In order to be eligible for the presidency, an individual must
be a native Paraguayan, at least forty years of age, Roman
Catholic, and characterized by moral and intellectual features
qualifying him for the position. The president is chosen for a
five-year term in direct general elections that must be held at
least six months before the expiration date of the incumbent's
term. The term of office begins on August 15, with the first term
having begun in 1968. There is no provision for a vice president.
In the event of the president's death, resignation, or disability,
Article 179 provides for convocation of the National Congress and
Council of State within twenty-four hours to designate a
provisional president. If at least two years of the term have
elapsed, the provisional president serves out the full term of five
years. If fewer than two years have elapsed, elections are to be
held within three months, and the successful candidate is to
complete the five-year term of office.
Data as of December 1988
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