Constitutional Court of Guatemala

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Constitutional Court of Guatemala
Corte de Constitucionalidad de la República de Guatemala
Logo corte de constitucionalidad de Guatemala.svg
20240408 AI GERARDO GUERRERO PREENTA RECURSO EN CC 025.jpg
Building of the Constitutional Court
Constitutional Court of Guatemala
LocationZone 1, Guatemala City
Number of positions10
Website www.cc.gob.gt/

The Constitutional Court of Guatemala is the highest court for constitutional law in the Republic of Guatemala. It is tasked with preserving the constitutional order by ruling on questions of the constitutionality of laws or state actions. The Court is normally composed of five titular or primary magistrates who serve five year terms. Each titular magistrate is appointed with a substitute. In special cases two substitutes are added to the bench for a total of seven to hear that case. Each titular member serves for one year as the president of the court.

Contents

History

The Court was established by Guatemala's 1985 Constitution. [1] The 1985 Constitution was written after the suspension of the prior constitution as part of Efraín Ríos Montt's Coup d'état on March 23, 1982. His regime suspended the constitution and the subsequent years demonstrated the need for stronger protections and thus a new constitution.

Function

The Guatemalan Constitution lists nine broad functions of the Constitutional Court. These duties serve to establish state overreach but is not equal to the Supreme Court of the United States because it is not a control institution; its sole purpose is the interpretation of the constitution and see to that the laws and regulations are not superior to this. Instead, the Guatemalan Constitutional Court splits final appellate authority with the Supreme Court of Justice of Guatemala. The latter is responsible for reviewing whether a lower court interpreted the law correctly. The Constitutional Court is responsible for deciding whether a law or state action was consistent with the Constitution. Its specific duties are:

Appointment and Composition

Appointment

The Court is composed of five titular magistrates, each of whom has a designated substitute. When the Court hears cases against the Supreme Court of Justice, the Congress, or the President or Vice-President two substitutes are drawn by lot to hear the case with the main five. Every five years a new set of magistrates are appointed along with new substitutes. Each of the following bodies appoints one set of magistrates: The Supreme Court of Justice, the Congress of the Republic, the President and the Council of Ministers, the Superior University council of the University of San Carlos de Guatemala, and the Assembly of the College of Attorneys and Notaries. [2]

Composition

For the 2021-2026 term the Court is composed of the following members: [3]

MagistrateRoleAppointed By
Retrato oficial de Magistrada Dina Josefina Ochoa Escriba (VIII Magistratura) (cropped).jpg Dina Josefina Ochoa EscribáTitular Magistrate Congress of the Republic
Retrato oficial de Magistrado Luis Alfonso Rosales Marroquin (VIII Magistratura) (cropped).jpg Luis Alfonso Rosales MarroquínSubstitute Magistrate Congress of the Republic
Retrato oficial de Magistrado Hector Hugo Perez Aguilera (VIII Magistratura) (cropped).jpg Héctor Hugo Pérez AguileraTitular MagistrateSuperior University council of the University of San Carlos
Retrato oficial de Magistrado Rony Eulalio Lopez Contreras (VIII Magistratura) (cropped).jpg Rony Eulalio López ContrerasSubstitute MagistrateSuperior University council of the University of San Carlos
Retrato oficial de Magistrado Nester Mauricio Vasquez Pimentel (VIII Magistratura) (cropped).jpg Néster Mauricio Vásquez PimentelTitular MagistrateAssembly of the College of Attorneys
Retrato oficial de Magistrada Claudia Elizabeth Paniagua Perez (VIII Magistratura) (cropped).jpg Claudia Elizabeth Paniagua PérezSubstitute MagistrateAssembly of the College of Attorneys
Retrato oficial de Magistrado Roberto Molina Barreto (VIII Magistratura) (cropped).jpg Roberto Molina Barreto Titular Magistrate Supreme Court of Justice
Retrato oficial de Magistrado Walter Paulino Jimenez Texaj (VIII Magistratura) (cropped 2).jpg Walter Paulino Jiménez TexajSubstitute Magistrate Supreme Court of Justice
Retrato oficial de Magistrada Leyla Susana Lemus Arriaga (VIII Magistratura) (cropped).jpg Leyla Susana Lemus ArriagaTitular Magistrate President and the Council of Ministers
Retrato oficial de Magistrado Juan Jose Samayoa Villatoro (VIII Magistratura) (cropped).jpg Juan Jose Samayoa VillatoroSubstitute Magistrate President and the Council of Ministers

Notable cases

Efraín Ríos Montt trial

The Constitutional Court, specifically the VI Magistracy, is best known internationally for overturning the conviction of Efraín Ríos Montt on charges of genocide. [4] The Court ruled 3-2 that his trial did not proceed appropriately and ordered a new process. The majority found that the trial judges erred in expelling Ríos Montt's lawyer during the trial. The dissenting magistrates, Mauro Chacon and Gloria Porras, called the ruling disproportionate. [5] A retrial was delayed by claims of inadequate health. This was the first time a nation tried a former leader domestically for genocide and thus drew significant scholarly and activist attention.

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References

  1. "Historia De La Cc." http://cc.gob.gt/historia-de-la-cc/ .
  2. "Constitution of Guatemala with Amendments through 1993." constitutionproject.org, 2012. https://www.constituteproject.org/constitution/Guatemala_1993.pdf
  3. "magistrados | Corte de Constitucionalidad". cc.gob.gt (in European Spanish). Archived from the original on 2017-07-13. Retrieved 2017-04-07.
  4. "Guatemala overturns former dictator's genocide conviction". The Guardian. Associated Press. 2013-05-21. ISSN   0261-3077 . Retrieved 2017-04-23.
  5. Blake, Jillian. "Should Domestic Courts Prosecute Genocide? Examining the Trial of Efrain Rios Montt." Brooklyn Journal of International Law 39, no. 2 (2014 2014): 564-612.