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tion and perpetuation of political power which
cial courts created by law (such as the au-
has, in fact, slightly weakened partisan con-
tonomous system of Labor Courts established
trol of Congress and increased the significance
under the new Labor Code). All the judicial
of congressional elections. This provision
functionaries in the higher and intermediate
could, however, serve to decrease the influence
courts, with few exceptions, are appointed by
of Congress and increase the personal domi-
Congress or by the Supreme Court, serve for
nance of the President in political affairs,
four years, and may be reappointed. All
since neither his supporters nor his opponents
judges must be native-born Guatemalan citi-
in Congress have prolonged opportunity to
zens of secular status. Those of the interme-
gain recognition, skill, and leadership as par-
diate and higher courts must be attorneys,
liamentarians. Now, as heretofore, the party
and those of the Supreme Court and the
or parties that elect the President easily domi-
Court of Appeals must have had previous ex-
nate and control Congress, and though differ-
perience as judges of lower courts.
ences of opinion may lead to heated and acri-
Although their appointments are directly
monious debate on the floor, the final vote
controlled by Congress or by congressional
generally supports the President.
appointees, magistrates are generally in sym-
Congressional powers include the power to
pathy with the policies of the government in
appoint and remove the Magistrates of the
power. This has been particularly noticeable
Supreme Court and the members of various
in the Labor Courts, which are organized un-
other tribunals; to depose, obligatorily, a
der a judge appointed by the Supreme Court.
President who attempts to perpetuate himself
Even if this were not so, the courts do not
in office; to grant or refuse the President per-
have the effective power to oppose the pro-
mission to leave the country or temporarily
gram of the administration. They may de-
vacate his office; to declare the physical or
clare laws unconstitutional, but the laws may
mental incapacity of the President to exercise
easily be changed or rephrased by the Presi-
his office; to enact, interpret, amend, and re-
dent or Congress in order to obtain the desired
peal laws; to modify or approve the budget bill
effect.
presented by the Executive; to contract, con-
d. State and Local Government.
vert, and consolidate the public debt; to ap-
The twenty-two departmental governors are
prove or disapprove treaties and conventions;
appointed by the President for a term of three
to approve or disapprove concessions or con-
years, and have responsibility as the local
tracts granted by the Executive to those who
representatives of the President and each of
would establish new industries within the
his cabinet ministers. They are instrumental
country, and to declare war and approve or
in carrying out the policies of the Ministries
disapprove of treaties of peace.
of Agriculture, Communications and Public
C. The Judicial Branch.
Works, Economy and Labor, Education, Gov-
In the organization of its judiciary, Guate-
ernment, Finance and Public Credit, Foreign
mala follows the practice, derived from the
Relations (with respect to passports and regis-
French, of establishing courts of ordinary
trations), and Public Health and Social Wel-
jurisdiction and a court of administrative
fare.
jurisdiction. The ordinary courts, which have
Each department is divided into municipali-
jurisdiction over cases between private per-
ties (equivalent to counties) which are gov-
sons, include the Supreme Court, the Courts
erned by autonomous municipal corporations,
of Appeals, the Courts of First Instance, and
elected by popular vote and presided over by
minor courts. The administrative court,
one or more magistrates, also popularly
which decides cases involving the acts of gov-
elected. These municipalities have the power
ernment officials and agencies, is known as
to establish taxes and collect revenues, and
the Court of Administrative Litigation. Other
to organize local police forces which are ex-
courts include the Court of Amparo (dealing
clusively responsible to the magistrate who is,
with violations of constitutional guarantees),
in theory, responsible to the departmental
the Court of Conflicts of Jurisdiction, and spe-
governor.
SECRET
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"ocrText": "8\ntion and perpetuation of political power which\ncial courts created by law (such as the au-\nhas, in fact, slightly weakened partisan con-\ntonomous system of Labor Courts established\ntrol of Congress and increased the significance\nunder the new Labor Code). All the judicial\nof congressional elections. This provision\nfunctionaries in the higher and intermediate\ncould, however, serve to decrease the influence\ncourts, with few exceptions, are appointed by\nof Congress and increase the personal domi-\nCongress or by the Supreme Court, serve for\nnance of the President in political affairs,\nfour years, and may be reappointed. All\nsince neither his supporters nor his opponents\njudges must be native-born Guatemalan citi-\nin Congress have prolonged opportunity to\nzens of secular status. Those of the interme-\ngain recognition, skill, and leadership as par-\ndiate and higher courts must be attorneys,\nliamentarians. Now, as heretofore, the party\nand those of the Supreme Court and the\nor parties that elect the President easily domi-\nCourt of Appeals must have had previous ex-\nnate and control Congress, and though differ-\nperience as judges of lower courts.\nences of opinion may lead to heated and acri-\nAlthough their appointments are directly\nmonious debate on the floor, the final vote\ncontrolled by Congress or by congressional\ngenerally supports the President.\nappointees, magistrates are generally in sym-\nCongressional powers include the power to\npathy with the policies of the government in\nappoint and remove the Magistrates of the\npower. This has been particularly noticeable\nSupreme Court and the members of various\nin the Labor Courts, which are organized un-\nother tribunals; to depose, obligatorily, a\nder a judge appointed by the Supreme Court.\nPresident who attempts to perpetuate himself\nEven if this were not so, the courts do not\nin office; to grant or refuse the President per-\nhave the effective power to oppose the pro-\nmission to leave the country or temporarily\ngram of the administration. They may de-\nvacate his office; to declare the physical or\nclare laws unconstitutional, but the laws may\nmental incapacity of the President to exercise\neasily be changed or rephrased by the Presi-\nhis office; to enact, interpret, amend, and re-\ndent or Congress in order to obtain the desired\npeal laws; to modify or approve the budget bill\neffect.\npresented by the Executive; to contract, con-\nd. State and Local Government.\nvert, and consolidate the public debt; to ap-\nThe twenty-two departmental governors are\nprove or disapprove treaties and conventions;\nappointed by the President for a term of three\nto approve or disapprove concessions or con-\nyears, and have responsibility as the local\ntracts granted by the Executive to those who\nrepresentatives of the President and each of\nwould establish new industries within the\nhis cabinet ministers. They are instrumental\ncountry, and to declare war and approve or\nin carrying out the policies of the Ministries\ndisapprove of treaties of peace.\nof Agriculture, Communications and Public\nC. The Judicial Branch.\nWorks, Economy and Labor, Education, Gov-\nIn the organization of its judiciary, Guate-\nernment, Finance and Public Credit, Foreign\nmala follows the practice, derived from the\nRelations (with respect to passports and regis-\nFrench, of establishing courts of ordinary\ntrations), and Public Health and Social Wel-\njurisdiction and a court of administrative\nfare.\njurisdiction. The ordinary courts, which have\nEach department is divided into municipali-\njurisdiction over cases between private per-\nties (equivalent to counties) which are gov-\nsons, include the Supreme Court, the Courts\nerned by autonomous municipal corporations,\nof Appeals, the Courts of First Instance, and\nelected by popular vote and presided over by\nminor courts. The administrative court,\none or more magistrates, also popularly\nwhich decides cases involving the acts of gov-\nelected. These municipalities have the power\nernment officials and agencies, is known as\nto establish taxes and collect revenues, and\nthe Court of Administrative Litigation. Other\nto organize local police forces which are ex-\ncourts include the Court of Amparo (dealing\nclusively responsible to the magistrate who is,\nwith violations of constitutional guarantees),\nin theory, responsible to the departmental\nthe Court of Conflicts of Jurisdiction, and spe-\ngovernor.\nSECRET"
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