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The Constitutional Court of Guatemala

The Constitutional Court is the highest court for civil law in Guatemala. It is tasked with preserving the constitutional order by ruling on questions of the constitutionality of laws or state actions. The Court is normally composed of five titular or primary magistrates who serve five year terms. Each titular magistrate is appointed with a substitute. In special cases two substitutes are added to the bench for a total of seven to hear that case. Each titular member serves for one year as the president of the court.

History

This section will cover the creation of the court under the 1965 constitution and the changes which arose from the 1985 constitution. The 1985 Constitution was written after the suspension of the prior constitution as part of Efraín Ríos Montt's Coup d'état on March 23, 1982. His regime suspended the constitution and the subsequent years demonstrated the need for stronger protections and thus a new constitution.

Function

The Guatemalan Constitution lists nine broad functions of the Constitutional Court. In order, they are:

a)     To hear challenges of laws on the grounds of partial or total unconstitutionality.

b)     To serve as an Extraordinary Tribunal of Amparo for challenges against the Congress, the Supreme Court of Justice, or the President or Vice-President.

c)     To hear appeals of writs of amparo from other courts.

d)     To hear appeals of challenges of laws on the grounds of constitutionality.

e)     To issue an advisory opinion on constitutionality of treaties, agreements, and bills of law.

f)      To hear and resolve conflicts of jurisdiction in the realm of constitutionality.

g)     To maintain a jurisprudential bulletin on resolved questions of constitutionality.

h)      To confirm or reject Executive vetoes alleging unconstitutionality.

i)      To render opinions on matters under its jurisdiction as defined by the Constitution.

Appointment and Composition

Appointment

The Court is composed of five titular magistrates, each of whom has a designated substitute. When the Court hears cases against the Supreme Court of Justice, the Congress, or the President or Vice-President two substitutes are drawn by lot to hear the case with the main five. Every five years a new set of magistrates are appointed along with new substitutes. Each of the following bodies appoints one set of magistrates: The Supreme Court of Justice, the Congress of the Republic, the President and the Council of Ministers, the Superior University council of the University of San Carlos de Guatemala, and the Assembly of the College of Attorneys. 

Composition

For the 2016-2021 term the Court is composed of the following members:

Name	Role	Appointed By
Gloria Patricia Porras Escobar	Titular Magistrate	Congress of the Republic
María de los Ángeles Araujo Bohr	Substitute Magistrate	Congress of the Republic
José Francisco De Mata Vela	Titular Magistrate	Superior University council of the University of San Carlos de Guatemala
José Mynor Par Usen	Substitute Magistrate	Superior University council of the University of San Carlos de Guatemala
Bonerge Amilcar Mejía Orellana	Titular Magistrate	Assembly of the College of Attorneys
María Cristina Fernández García	Substitute Magistrate	Assembly of the College of Attorneys
Neftaly Aldana Herrera	Titular Magistrate	Supreme Court of Justice
María Consuelo Porras Argueta	Substitute Magistrate	Supreme Court of Justice
Dina Josefina Ochoa Escribá	Titular Magistrate	President and the Council of Ministers
Henry Philip Comte Velásquez	Substitute Magistrate	President and the Council of Ministers