ADMINISTRATIVE LAW I

NIGHT SHIFT.

GRADUATE GIAN CARLO SARTI

SECTION “D” SIXTH SEMESTER.

Basic instructions : this technical sheet must be transcribed or attached to the

cover of its Constitution to facilitate future consultations, as well as reading,
highlighting and identifying the indicated articles.

Technical sheet of the Constitution.

Constitutional Law : It is the branch of Public Law that contains the basic legal norms that
regulate the principles and structures of the State, guaranteeing the rights and freedoms of the
people.

Constitution : It is the supreme law of the Guatemalan State that is at the pinnacle of the
current legal system, which contains the rights of the people, the basic organization of the State
and the constitutional guarantees.

Sources of Constitutional Law : the main sources are the Law or written law (Constitution),
jurisprudence and custom.

Parts of the Constitution : (i) dogmatic part (contains fundamental rights); (ii) organic part
(regulates the basic organization of the State) and (iii) practical part (regulates the three
constitutional guarantees).

Date of promulgation : May 31, 1985 -legal basis article 27, transitional and final provisions-

Effective date : January 14, 1986 - legal basis article 21, transitional and final provisions -

It has 281 articles, 8 titles, 27 chapters and 27 transitory articles.

Stone articles : 140, 141, 165 literal g, 186 and 187.

Constitutional laws : they were created by the National Constituent Assembly, these are
regulated in articles 35, 139, 223 and 276.
End of the Constitution : give validity to the legal and political organization of the nation (see
the preamble)

constitutional hierarchy

Current fundamental legal system

1. Political constitution of the Republic of Guatemala.

2. International treaties and conventions accepted and ratified by Guatemala (they will have
preeminence or preference over the Constitution whenever it is a matter of Human
Rights).

3. Constitutional laws: personal protection and constitutionality law, public order law,
electoral and political party law and thought emission law.

4. Ordinary laws: Civil Code, Municipal Code, Penal Code, Administrative Litigation Law,
Law of Urban and Rural Development Councils, Labor Code...

5. Regulatory laws: Regulations for Tax Stamp and Special Stamped Paper for Protocols,
Transit Regulations, Regulations for Commission Agents, Regulations of the Value
Added Tax Law…

6. Individualized regulations: all types of Administrative Sentences and Resolutions,

Government Agreements, Ministerial Agreements...

Political Constitution of the Republic of Guatemala.

- It is a Constitution because it was created by a National Constituent Assembly (preamble

and Article 278) or original power, according to Decree Law 3-84 where the ANC was
convened.

- It is Political because the National Constituent Assembly was freely and democratically
elected.

- It is Republican because it comes from the form or system of government in which the
position of President or Head of State falls to the presidential figure who holds office for
a certain period of time, electing him through popular votes.

- He is from Guatemala, a sovereign, free and democratically independent country.