Bolivia's Rich History: Constitutions Through The Ages

Bolivia has had a long and tumultuous constitutional history, with the country witnessing a series of military coups, countercoups, and political unrest since its independence from Spain in 1809. Bolivia's current constitution, enacted in 2009, is the 17th in the country's history. The country's first constitution was drafted in 1825, but it was never adopted. The 1826 constitution, written by Simón Bolívar Palacio, established a fourfold separation of powers, including a lifetime presidency, an independent judiciary, a tricameral congress, and an electoral body. Since then, Bolivia has had numerous constitutions, reflecting the country's political and social changes. The 2009 constitution, approved by referendum, defines Bolivia as a unitary plurinational and secular state and introduces provisions for recall elections, decentralization of power, and recognition of ethnic diversity.

Bolivia's 2009 constitution

Bolivia has had 17 constitutions since its foundation in 1825. The most recent constitution was adopted by referendum on 25 January 2009. This was the culmination of work by the Bolivian Constituent Assembly of 2006-2007.

The 2009 Constitution defines Bolivia as a unitary plurinational, secular state, with the formal name of the Plurinational State of Bolivia. The country is established as a plural and unitary state, with a mixed economy of state, private, and communal ownership. The constitution recognises a variety of autonomies at the local and departmental level.

The 2009 Constitution also elevates the electoral authorities to become a fourth constitutional power and introduces the possibility of recall elections for all elected officials. It enlarges the Senate and restricts private land ownership to a maximum of 5,000 hectares (12,400 acres).

The Constitution further recognises the right to individual or collective property and the right to inheritance. It also recognises the official languages of the State as Spanish and all the languages of the rural native indigenous nations and peoples.

The 2009 Constitution provides that Bolivia is based on plurality and on political, economic, legal, cultural and linguistic pluralism within the country integration process. It defines the forms of democracy—participatory, representative, and community-based—and the structure of government to be used in Bolivia.

The 1825 constitution

Bolivia has had 17 constitutions since its foundation in 1825, including the present one. The first of these was written in 1825 but was never adopted.

The constitution established a fourfold separation of powers: a lifetime presidency, an independent judiciary, a tricameral congress, and an electoral body. The tricameral congress was made up of the Senate, the Chamber of Tribunes, and the Chamber of Censors. The Senate was responsible for codifying laws and reorienting church and court officials, the Chamber of Tribunes had general legislative powers, and the Chamber of Censors had oversight powers, including the power to impeach members of the executive.

The 1826 constitution

Bolivia has had 17 constitutions since its foundation in 1825. The 1826 constitution, written by Simón Bolívar Palacio, replaced the original 1825 document. It established a fourfold separation of powers among a lifetime presidency, an independent judiciary, a tricameral congress, and an electoral body.

The tricameral congress was made up of the Senate and the Chamber of Tribunes, whose members served fixed terms, and the Chamber of Censors, whose members served for life. The Senate was responsible for codifying laws and managing court and church officials. The Chamber of Tribunes had general legislative powers, while the Chamber of Censors had oversight powers, including the power to impeach members of the executive. In practice, however, the legislature's key functions were to name the president and approve a list of successors submitted by the president.

One of the lasting achievements of the 1826 constitution was the establishment of an executive-based system. This reflected the Spanish tradition of bureaucratic patrimonialism, in which power rested with the executive, as well as Bolívar's unease with mob rule and his distrust of the privileged elite who inherited Upper (Alto) Peru from Spain. Bolívar feared that rival elite factions would battle for control of the new nation, and so he became convinced that the best way to prevent instability and chaos was to institutionalize a strong, centralized, and lifetime presidency.

Despite Bolívar's foresight, the 1826 constitution did not last long due to the disparity between the national aspirations of the state and its effective power over Bolivia's disparate regions and population. Between 1825 and 1880, Bolivian political life was dominated by a series of quasi-military leaders known as caudillos, who had emerged following the collapse of the Spanish Empire. Within this context of economic crisis, warring caudillos, and a semi-feudal social structure, constitutions and the national government became prizes to be captured by one caudillo or another.

The 1831 constitution

Bolivia has had 17 constitutions since its foundation in 1825. The 1831 constitution was adopted under the presidency of General Andrés de Santa Cruz y Calahumana. This constitution introduced bicameralism, dividing the government body into two parts: the Chamber of Senators (the Senate) and the Chamber of Deputies, which was elected by proportional representation. This constitution abolished the life presidency and limited the presidential mandate to renewable four-year terms. However, despite these limitations, presidential power increased during Santa Cruz's presidency, and the trend towards a greater concentration of power in the executive branch continued throughout Bolivia's history.

The 1967 constitution

Bolivia has had 17 constitutions since its foundation in 1825. The 1967 Constitution was the 16th in the country's history. It was drafted by the Bolivian Constituent Assembly of 1966-67, which operated under the shadow of the military dictatorship that took power in 1964. The 102 assembly members included representatives of the Social Democratic Party, the Popular Christian Movement, and the Bolivian Socialist Falange.

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