Legal System of Guatemala

Guatemala is located in Central America N Caribbean. It is geographically situated in central america, bordering the north pacific ocean, between el salvador and mexico, and bordering the gulf of honduras (caribbean sea) between honduras and belize. The country achieved independence on 15 september 1821 (from spain). The capital is Guatemala City.

Government Overview

Government Type: presidential republic Chief of State: President Bernardo ARÉVALO de León (since 15 January 2024) Head of Government: President Bernardo ARÉVALO de León (since 15 January 2024) Cabinet: Council of Ministers appointed by the president Administrative Divisions: 22 departments (departamentos, singular - departamento); Alta Verapaz, Baja Verapaz, Chimaltenango, Chiquimula, El Progreso, Escuintla, Guatemala, Huehuetenango, Izabal, Jalapa, Jutiapa, Peten, Quetzaltenango, Quiche, Retalhuleu, Sacatepéquez, San Marcos, Santa Rosa, Sololá, Suchitepéquez, Totonicapán, Zacapa National Holiday: Independence Day, 15 September (1821) Suffrage: 18 years of age; universal

Legal System

The legal system of Guatemala is described as civil law system; judicial review of legislative acts International Law: has not submitted an ICJ jurisdiction declaration; accepts ICCt jurisdiction

Constitutional Framework

The constitution has the following history: several previous; latest adopted 31 May 1985, effective 14 January 1986; suspended and reinstated in 1994 Amendment Process: proposed by the president of the republic, by agreement of 10 or more deputies of Congress, by the Constitutional Court, or by public petition of at least 5,000 citizens; passage requires at least two-thirds majority vote by the Congress membership and approval by public referendum, referred to as “popular consultation”; constitutional articles such as national sovereignty, the republican form of government, limitations on those seeking the presidency, or presidential tenure cannot be amended

Judicial Branch

Highest Court(s): Supreme Court of Justice or Corte Suprema de Justicia (consists of 13 magistrates, including the court president and organized into 3 chambers) Judge Selection: Supreme Court magistrates elected by the Congress of the Republic from candidates proposed by the Postulation Committee, an independent body of deans of the country’s university law schools, representatives of the country’s law associations, and representatives of the Courts of Appeal; magistrates elected for concurrent, renewable 5-year terms; Constitutional Court judges - 1 elected by the Congress of the Republic, 1 by the Supreme Court, 1 by the president of the republic, 1 by the (public) University of San Carlos, and 1 by the Assembly of the College of Attorneys and Notaries; judges elected for renewable, consecutive 5-year terms; the presidency of the court rotates among the magistrates for a single 1-year term Subordinate Courts: Appellate Courts of Accounts, Contentious Administrative Tribunal, courts of appeal, first instance courts, child and adolescence courts, minor or peace courts

Legislative Branch

The legislative structure consists of unicameral

Citizenship and Suffrage

Citizenship by Birth: yes Citizenship by Descent: yes Suffrage: 18 years of age; universal

Historical Background

The Maya civilization flourished in Guatemala and surrounding regions during the first millennium A.D. After almost three centuries as a Spanish colony, Guatemala won its independence in 1821. During the second half of the 20th century, it experienced a variety of military and civilian governments, as well as a 36-year guerrilla war. In 1996, the government signed a peace agreement formally ending the internal conflict.

This article provides a summary of the legal system and governmental structure of Guatemala based on the CIA World Factbook. The Factbook is a public domain publication of the United States Central Intelligence Agency.