Constitution of Yucatán

Political Constitution of the
State of Yucatán

Original front of the 1905 Constitution
Created 1904 -1918
Ratified January 14, 1918
Location Archivo General del Estado de Yucatán
Author(s) XXXIV Constitutional Congress of the State of Yucatán
Signatories XXXIV Constitutional Congress of the State of Yucatán
Purpose State constitution to replace the 1862 Constitution

The Political Constitution of the State of Yucatán (Spanish: Constitución Politica del Estado de Yucatán) is the constitution which legally governs the free and sovereign state of Yucatán, one of 31 states with the Federal District comprise the 32 federative entities of the United Mexican States. It was drafted by the Constituent Congress of State, chaired by Héctor Victoria Aguilar on 1918 and promulgated by General Salvador Alvarado, pre-constitutional governor of Yucatán. The most important reforms were made in 1938, although its text has been revised and partially renovated over the 20th century and continues to be reformed so far.

The current Constitution is historically the fifth constitution of the State of Yucatán;[1] which includes the first publication of 1905, the second and official publication in 1918 and reform of 1938.

Historical elements of the Constitutions of Yucatán

Over nearly two centuries, Yucatán has been five constitutions, each of these constitutions was adapted to the circumstances of the times in which they were enacted and consequently has formed the current text of the constitution of the state of Yucatán.

First Constitution (1825)

When the independence of Mexico was achieved, Yucatán also reached its independence and joined the ephemeral Mexican Empire. The Empire was overthrown in 1823, the provinces of the empire became independent and almost immediately Yucatán, Jalisco, Oaxaca and Zacatecas declared themselves free and sovereign states.[2] Yucatán installed its First Congress on August 20, 1823 chaired by José María Quiñones.[3] While Congress was preparing the constitution that would govern Yucatán, was issued a decree which was temporarily adopted the Spanish Constitution of 1812 known as the Constitution of Cádiz. On April 6, 1825 was promulgated the first Constitution of the "Free State" of Yucatán, in which was established that the Republic of Yucatán would be, popular, representative and federated with the Mexican federation.[4]

Relevant articles

As the Constitution of Cádiz, this constitution began with under the name of "Almighty God". It gave prominence to Legislative over the Executive and Judiciary. Also was mentioned human rights that would later be recorded in the constitutions of Mexico as individual rights.

The most relevant articles were:[5]

The Constitution could not be applied to 100% due to two centralist strokes which put the states subject to central government of Mexico.[6] Were deleted articles 2, 3 and 4 which granted the sovereignty of Yucatán and in addition were changed many terms as Senate and a lot of articles were modified. This would result in future Yucatán independence from centralist Mexico.[7]

Second Constitution (1841)

It was promulgated on May 16, 1841, two months after the raising of the Flag of Yucatán on March 16, 1841[8] and five months before the signing of the Declaration of Independence of the Yucatan Peninsula, which was enacted on October 1, 1841.[9] It is considered that the main author of this text was the jurist Manuel Crescencio Rejón who would later bring to the Federal Constitution of Mexico the Amparo Law. The second constitution was divided into 80 articles y 3 transitional or temporary, establishing the direct popular election, bicameralism (Chamber of Deputies and Chamber of Senators) and an outstanding, the Freedom of religion.[10]

Relevant articles

The constitution began under the name: The people of Yucatán recognized by divine goodness by allowing us to organize a government which demands our particular needs, using the right of all human societies has awarded the Sovereign Ruler of the Universe.``

1.- The born and resident in the territory of the State. 2.- The foreign-born with parents of Yucatan.... 3.- Foreigners who obtain... certificate of naturalization.

Third Constitution (1850)

Yucatán was in a turbulent era due its recent rejoined to Mexico issued on August 17, 1848.[11] and the Caste War, the main reason for the rejoining. At the same time, Mexico was economically and morally devastated by the recent war against the United States, the loss of nearly 55% of its territory and its eternal struggle between federalism and centralism.[12]

As a result of that, a new State Constitution was enacted on September 16, 1850.[13] Was based mainly on the Constitution of 1825 but it also was incorporated some articles of the Constitution of 1841. Its editors were the Deputies Manuel González, Pablo Lanz, Manuel Alonzo Peón, Vicente Solís Rosales and José María Vargas, those serving on a committee for this purpose. Was divided into 59 articles; the first said that Yucatán was part of the Mexican Nation as was established in the Federal Pact. It was deleted the Amparo law and was re-established the indirect popular election, maintaining the separation of powers and bicameralism.

Relevant articles

It's believed that this Constitution represented a throwback to individual rights and political rights of Yucatecan citizens.[14]

Fourth Constitution (1862)

Was enacted on April 21, 1862[15] being provisional Governor Liborio Irigoyen. Was expanded to 114 articles and its main influence was the Federal Constitution of the United Mexican States of 1857; but also was influenced by the 1850 Constitution of Yucatán.

In this Constitution the Catholic Church ceased to be the official. Campeche no longer belonged to the state of Yucatán; bicameralism was changed by the unicameralism, was re-established direct popular election and reduced the governor's period from four to two years, prohibiting re-election in the immediately following period.

This constitution was suspended with the establishment of the Second Mexican Empire, but was re-established when the Empire was overthrown. Due this constitution was in force nearly 50 years, suffered several changes during its term.

Relevant articles

The constitution began with the text: Representatives of the State of Yucatán, gathered in Congress to constitute the foundation established under the federal pact of the United Mexican States, decree and sanction the following Political Constitution``.

Fifth Constitution (1918)

Is the Constitution currently in force. Due it has been in force for over 90 years, has been applied many modifications to his original text. Enacted on January 14, 1918[17] was drafted by the XXV Legislature of Congress of the State using as a model the text of Political Constitution of the United Mexican States of 1917, drafted on February 5, 1917, as a result of the Mexican Revolution.[18]

The XXV Legislature was composed among others by Héctor Victoria Aguilar (who had been deputy constituent in Queretaro in 1917, during the preparation of the current Political Constitution of Mexico; he is considered the father of Mexican social rights for his contributions to article 123), Felipe Carrillo Puerto, Santiago Burgos Brito, Manuel Berzunza y Pedro Solís Cámara. The Enciclopedia Yucatán en el Tiempo says about the original text of Yucatecan Constitution of 1918:

“ "...considered at that time as the most liberal and the most advanced of modern Mexico"[19] ”

Relevant articles of current Constitution

The current text has the same 109 articles in 11 titles that the original text of 1918 but has been modified throughout its term (more than 750 times).

Among its main articles are:[20]

The State of Yucatán recognizes, protects and guarantees the right to life of all human being... and from the moment of conception among under the protection of the law....

See also

References

  1. ↑ Texto constitucional del Estado de Yucatán, México
  2. ↑ SEGOB. "El triunvirato de Guadalupe Victoria, Nicolás Bravo y Celestino Negrete". Retrieved September 8, 2010.
  3. ↑ La diputación provincial y el federalismo mexicano
  4. ↑ Campos Garcia, Melchor (2009). Las Constituciones Historicas de Yucatan 1824-1905. ISBN 978-607-7573-12-8.
  5. ↑ Instituto de Investigaciones Juridicas. "Un Cuarto de Siglo de Constitucionalismo en Yucatán (1825-1850)". Retrieved September 9, 2010.
  6. ↑ Historia de Yucatán
  7. ↑ Ayuntamiento de Merida. "Simbolismo de la Bandera Yucateca)". Retrieved September 9, 2010.
  8. ↑ Ayuntamiento de Merida. "Simbolismo de la Bandera Yucateca)". Retrieved September 9, 2010.
  9. ↑ "Acta de Independencia de la península de Yucatán.".
  10. ↑ José Enrique Capetillo Constitución yucateca de 1941
  11. ↑ Ayuntamiento de Merida. "Datos de interes". Retrieved September 9, 2010.
  12. ↑ Jay, William (2009). Causas y consecuencias de la guerra de 1847 entre Estados Unidos y México.
  13. ↑ Yucatán (Mexico). Constitución política del estado de Yucatán. Retrieved September 9, 2010.
  14. ↑ Yucatán se reintegra a la Nación Mexicana
  15. ↑ Yucatán (Mexico). Constitución política del estado de Yucatán. Retrieved September 9, 2010.
  16. ↑ Campos Garcia, Melchor (2009). Las Constituciones Historicas de Yucatan 1824-1905. ISBN 978-607-7573-12-8.
  17. ↑ H. Congreso del Estado de Yucatán). "Constitución política del estado de Yucatán". Retrieved September 9, 2010.
  18. ↑ Diario de Yucatán). "Historia de las Constituciones Mexicanas". Retrieved September 9, 2010.
  19. ↑ Yucatán en el tiempo. Enciclopedia Alfabética. México 1998. ISBN 970-9071-04-1
  20. ↑ Congreso del Estado de Yucatan. "Constitucion Politica del Estado de Yucatán". Retrieved September 9, 2010.

External links