Constitution of Bolivia

Supreme law of Bolivia

The current Constitution of Bolivia (lang es; literally, the Political Constitution of the State) came into effect on 7 February 2009 when it was promulgated by President Evo Morales, after being approved in a referendum with 90.24% participation. The referendum was held on 25 January 2009, with the constitution being approved by 61.43% of voters. It is the 17th constitution in the country's history; previous constitutions were enacted in 1826, 1831, 1834, 1839, 1843, 1851, 1861, 1868, 1871, 1878, 1880, 1938, 1945, 1947, 1961, and 1967. The 2009 Constitution defines Bolivia as a unitary plurinational, and secular (rather than a Catholic, as before) state, formally known as the Plurinational State of Bolivia. It calls for a mixed economy of state, private, and communal ownership; restricts private land ownership to a maximum of 5,000 hectares (12,400 acres); and recognizes a variety of autonomies at the local and departmental level. It elevates the electoral authorities to become a fourth constitutional power; introduces the possibility of recall elections for all elected officials; and enlarges the Senate. Members of the enlarged National Congress will be elected by first past the post voting in the future, in a change from the previous mixed member proportional system. The judiciary is reformed, and judges will be elected in the future and no longer appointed by the National Congress. It declares natural resources to be the exclusive dominion of the Bolivian people, administered by the state. Sucre will be acknowledged as Bolivia's capital, but the institutions will remain where they are (executive and legislative in La Paz, judiciary in Sucre). The electoral authorities will be situated in Sucre.

The Bolivian Gas War preceded the drafting process. The Gas War centered on the controversial decision of the National Revolutionary Movement (MNR) party to export Bolivian natural gas through Chilean ports which had been taken by Chile in the Pacific War of the 1870s. The Gas War came to a head in October 2003 with violent protest throughout the country from various social actors, leaving at least 70 dead. The then President Gonzalo Sánchez de Lozada ('Goni') resigned and fled to the US. Goni was succeeded by Vice President Carlos Mesa who was forced to step down amid further widespread protest in El Alto, La Paz and Cochabamba in June 2005. This led to the selection of judge Eduardo Rodríguez as head of a caretaker government which provided setting for new elections in December 2005. A number of new parties stepped into the political frame. Evo Morales' MAS party was elected and began implementing its 'October Agenda', a set of social movement demands stemming from The Gas War. The first of these tasks was to initiate a Constitutional Assembly to write a new constitution. The assembly comprised elected representatives from every region of the country. The Assembly failed to reach common agreement over various issues, including the rules of operation. Eventually, having failed to reach an agreement in Sucre often amid violent protest or else stalemate the MAS party were forced to retreat to Oruro to finalise the Constitution. The constitution was therefore further modified by an Editing Commission before, with much fanfare, Evo presided over the passage of the new Constitution on 14 December 2007. Because nationally and internationally this process was not considered democratic by some, the constitution was not at the time considered legitimate, though it provided some political stability to Bolivia. Therefore, there was an ongoing process of renegotiation: this included dialogue in Cochabamba between the President and opposition Prefects in September 2008; and in Congress during negotiations for a referendum in October 2008.

The electoral authorities, which will become a fourth constitutional power, will be situated in Sucre. Following the Constitution's enactment, new elections to all public bodies are to be held, and all previous terms will not be considered for term limits. Additionally, the President will be allowed to be re elected once, thus allowing Evo Morales two more terms if he decides to pursue this route. Furthermore, if no candidate gains more than 50% of the vote in the presidential election, there will be a second round; up to now, the National Congress decided who would become president in such a case.

One important change in the new constitution is the introduction of an article concerning coca. The article states:

The 2009 Constitution replaces or renames a wide variety of institutions. This following table is a summary of such changes. Old Institution Final date New Institution Starting date ChangesRepublic of BoliviaPlurinational State of Bolivia22 January 2010National CongressCongreso NacionalPlurinational Legislative AssemblyAsamblea Legislativa PlurinacionalIncludes indigenous representativesNational Electoral CourtCorte Nacional ElectoralPlurinational Electoral OrganOrgáno Electoral PlurinacionalElevated to a fourth branch of governmentNational Electoral CourtCorte Nacional ElectoralSupreme Electoral CourtTribuno Supremo Electoral 15 August 2010The governing court of the Plurinational Electoral Organ is named distinctly from the body as a whole. Supreme CourtCorte Suprema de JusticiaSupreme Court of JusticeTribuno Supremo de Justicia 3 January 2012 National and departmental courts are chosen through elections. The high court is renamed and constitutionality questions are now handled by a separate court. Plurinational Constitutional CourtTribunal Constitucional Plurinacional 3 January 2012Department level institutionsPrefecturePrefecturaGovernmentGobierno or Gobernación departamentalHave executive legislative division of powers, more direct election, and their own statutes of autonomyPrefectPrefectoGovernorGobernadorHighest executive official. Chosen by popular election, rather than by presidential nomination (since December 2005 elections)Departmental Council (of councilmen and councilwomen)Consejo departamental (of consejeros)Departmental legislative assembly (of assemblymen and assemblywomen)Asamblea legislativa departamental (of asambleístas)Legislative officials. Formerly chosen by municipalities, now directly elected by vote or indigenous electionsRegional institutionsNative Community LandTierra Comunitaria de OrigenIndigenous Originary Campesino TerritoryTerritorio Indígena Originaria CampesinoMade into a part of a multi level system of autonomies

Bolivia has had seventeen constitutions, including the present one, since its foundation in 1825. Its previous constitutions were enacted in 1826, 1831, 1834, 1839, 1843, 1851, 1861, 1868, 1871, 1878, 1880, 1938, 1945, 1947, 1961 and 1967.