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Chapter
Article 333: This Constitution shall not cease to be in effect if
it ceases to be observed due to acts of force or because or repeal in any manner
other than as provided for herein.
In
such eventuality, every citizen, whether or not vested with official authority,
has a duty to assist in bringing it back into actual effect.
Article 334: All of the judges of the Republic, within their
respective spheres of competence and in accordance with the provisions of this
Constitution and law, are obligated to ensure the integrity of the Constitution.
In
the event of incompatibility between the Constitution and a law or other
juridical provision, the provisions of the Constitution shall prevail, being the
responsibility of the courts to rule accordingly in any case, even ex officio.
The
Constitutional Division of the Supreme Tribunal of Justice, as court of
constitutional competence, shall have the exclusive power to declare the nullity
of laws and other acts of organs exercising Public Power which are issued by way
of direct and immediate implementation of the Constitution or have the status of
law.
Article 335: The Supreme Tribunal of Justice shall guarantee the
supremacy and efficacy of constitutional rules and principles; it shall be the
supreme and ultimate interpreter of the Constitution and shall see to the
uniform interpretation and application of the same. Interpretations established by the Constitutional Division
concerning the contents or scope of constitutional rules and principles are
binding on the other division of the Supreme Tribunal of Justice and on all of
the other courts of the Republic.
Article 336: The following are functions of the Constitutional
Division of the Supreme Tribunal of Justice:
(1) To declare the nullity, in whole or in part, of
national laws and other acts of National
Assembly with the force of law, which
are in conflict with this Constitution.
(2) To declare the nullity, in whole or in part, of state
Constitutions and laws, municipal ordinances and other acts of the deliberating
bodies of the States and Municipalities which are issued by way of direct and
immediate implementation of the Constitution and are in conflict with the same.
(3) To declare the nullity, in whole or in part, of acts of
the National Executive with the force of law, which are in conflict with this
Constitution.
(4) To declare the nullity, in whole or in part, of acts
issued by way of direct and immediate implementation of the Constitution by any
other government organ exercising Public Power.
(5) To verify, at the request of the President of the
Republic or the National Assembly, the constitutionality of international
treaties signed by the Republic, prior to ratification of the same.
(6) To review in all cases, even ex officio, the
constitutionality of decree of the President of the Republic decreeing states
of exception.
(7) To declare the unconstitutionality of omissions on the
part of the municipal, state, national or legislatures, in failing to promulgate
rules or measures essential to guaranteeing compliance with the Constitution, or
promulgating it in an incomplete manner; and to establish the time limit and,
where necessary, guidelines for correcting the deficiencies.
(8) To resolve any conflicts existing between different
provisions of law, and declare which of the same must prevail.
(9) To resolve constitutional controversies arising between
any of the organs of Public Power.
(10) To review judgments embodying constitutional protective
orders or control on the constitutionality of laws or juridical rules, handed
down by the courts of the Republic, on the terms established by the pertinent
organic law.
(11) Any other functions established by this Constitution or
by law.
Chapter II
Article 338: A state of alarm may be declared when catastrophes,
public calamities or other similar events occur, seriously endangering the
security of the Nation or its citizens. Such
state of exception shall last for up to 30 days, and may be extended for an
additional 30 days.
A
state of economic emergency may be declared when extraordinary economic
circumstances arise, such as to affect seriously the economic life of the
Nation; the duration of this state of emergency shall be 60 days, with the
possibility of extension for the same period.
A
state of internal or external commotion may be declared in the event of an
internal or external conflict seriously endangering the security of the Nation,
its citizens or its institutions. Such
state of commotion shall last for up to 90 days, and may be extended for an
additional 90 days.
The
National Assembly has the responsibility of the approval for the extension of
the states of exemption. An organic
law shall regulate states of exception and determine the measures that may be
adopted based on them.
Article 339: The Decree declaring a state of exception, which
shall provide for regulating the right whose guarantee is restricted, shall be
submitted within eight days of promulgation for consideration and approval by
the National Assembly, or Delegated Committee and for a ruling by the
Constitutional Division of the Supreme Tribunal or Justice on its
constitutionality. The Decree must
be in compliance with the requirements, principles and guarantees established in
the International Pact on Civil and Political flights and the American
Convention on Human Rights. The
President of the Republic shall have the power to request its extension for a
similar period, and the Decree shall be revoked by the National Executive or by
the National Assembly or the latter's Delegated Committee prior to the indicated
date of expiration upon cessation of the conditions which produced them.
The
declaration of a state of exception does not interrupt the functioning of the
organs of the Public Power.