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Honduras: Constitutional Issues and Authorities

Honduras: Constitutional Law Issues

The Supreme Court of Honduras has constitutional and statutory authority to hear cases against the President of the Republic and many other high officers of the State, to adjudicate and enforce judgments, and to request the assistance of the public forces to enforce its rulings. The Constitution no longer authorizes impeachment, but gives Congress the power to disapprove of the conduct of the President, to conduct special investigations on issues of national interest, and to interpret the Constitution.

In the case against President Zelaya, the National Congress interpreted the power to disapprove of the conduct of the President to encompass the power to remove him from office, based on the results of a special, extensive investigation. The Constitution prohibits the expatriation of Honduran citizens.

Honduran Constitutional Crisis: Applicable Authorities

This list of authorities prepared by the staff of the Law Library of Congress identifies Honduran legal documents considered relevant to the events of the summer of 2009, which resulted in the removal of a sitting President. The list provides documentation concerning the artículos pétreos (unamendable provisions) of the Honduran Constitution; the Fiscal General de la República (Chief Prosecutor) as a guarantor of the Constitution; the jurisdiction of the Court of Administrative Litigation (Juzgado de Letras de lo Contencioso-Administrativo) in proceedings against public administration officials; and both criminal and congressional procedures for the review of the conduct of high officers of the State and Deputies.

Last Updated: 11/12/2009