Main Sources of Law

The acts that serve for the modification, creation are called sources of law.
or repeal of legal norms, the sources of rights exist because throughout the
Over time, the notion of justice has varied enormously.

The sources of law are useful in jurisprudence as they provide examples.

previous and considerable cases before making a decision.

Types of sources of law

Material sources: These are the organisms and institutions that are
authorized in some human community to create laws that recognize or
derogates rights, A clear example in our country is the Supreme Court of
Justice.

Formal sources: These are the documents in which it is recorded.

formally the law, whether they are in force or have been repealed
in favor of other new ones. This also includes the process itself of its
elaboration and promulgation. For example, the legislation carried out in the
Congress of our country.

Cultural sources: These are those obtained through the

observation of the past and the theoretical study of current legal matters.

Original sources: These are those that create the law from nothing.
so to speak, like for example those of the revolutionary political processes.

Derived sources: Those that are inspired by a previous legal framework.

Historical sources: These are the documents inherited from the past that
they contain relevant information about legal matters. A perfect example is
the articles of our first constitution on December 11, 1825.
 Political sources: Those that aspire to collective organization or to
institutional processes, such as political party programs, for example; The
New Electoral Law that came into effect in the last few days.

Constitution.

The Constitution is a legal organism that restricts the exercise of power through
Law recognizes and enshrines fundamental rights by establishing mechanisms for
shelter and protection.

The Constitution is a legal norm of the judicial system of any state.

Sovereign, it is the main one and differs from the rest that is part of the system in terms of
its content and generation. All other rules derive their validity from the Constitution and
any law that contradicts one of its precepts is inapplicable to a specific case, and
it can even be expelled from the legal order if the Constitutional Court
does not find an interpretation in accordance through the unconstitutionality of the
standards.

History of the Constitution in Honduras.

Honduras has undergone a transformation of constitutional reforms more than once.

the first occasion dates back to the year 1825 when Honduras was in the hands of José Dionisio
from the Trinity of Herrera and Díaz del Valle, who was the first president of Honduras.

Constitution of 1825

It is determined in Comayagua, on the date of December 11, 1825, it is the first

constitution of the Republic of Honduras, in which the statutes of
Executive Power and its governmental performance, as well as the periods
presidential.
  Division of the territory

In the session on June 28, 1825, the division of the territory of Honduras is achieved, based on
in 7 departments;

• Yoro Department.
• Department of Santa Bárbara.
• Department of Olancho.
• Department of Grace.
• Department of Tegucigalpa.
• Department of Comayagua.
• Choluteca Department.

This constitution, structured in 97 articles, places the Catholic religion as the

predominant and the other religions did not have legal status in the social sphere.

Constitution of 1831

It was based on the affirmation of the Executive, Legislative, and Judicial powers, with enjoyment
of guarantees for citizens, as described in the constitution of 1825, since the
it had not undergone any kind of changes, this constitution had no useful life, to
cause of the civil wars recorded in the time.

Constitution of 1839

In this constitution, unlike the one from 1831 which affirms the Federal state on January 12
From 1839, the reform establishes the separation of the State from the Federation that was
comprised of Central American countries and led by Spanish movements and
Mexicans.

 In relation to other Constitutions.

There were no other changes, in terms of the guarantees because these benefits were not
altered, remained the same as the previous reform, with the exception of the period
Presidential, this constitution decrees some statutes for presidential candidates.
from Honduras among which we can mention:
 • The presidential candidate must be born in Central America.
• You must meet another requirement regarding age as you could not be under 30.
years.
• To be fully active in political activities and in their entirety
exercise.

Constitution of 1848

It became possible during the term of office of March 4, 1848 by President Juan
Nepomuceno Fernández Lindo and Zelaya.

 The Powers

It consisted of three constitutional powers: the Legislative, Executive, and Judicial, which
are broken down as follows:

I. Legislative: This power was manifested in a representative form, and was

made up of deputies and senators, who maintained autonomy and
independence of political management.
II. Executive: Composed of the president of the Republic of Honduras, who was
named by the citizens of the country through national elections.
III. Judicial: It is structured by the Supreme Court of Justice and courts
divided into 2 chambers made up of 3 judges with their substitutes.

 About Presidential Terms

Making contradiction to the other previously reformed constitutions in Honduras

This refers to the presidential re-election, but for one time and it will be for 4 years unless
result chosen consecutively.

The death penalty became possible, except in civil cases concerning individuals who
commit offenses that have damaged the morals and reputation of others, it was also established
that conducting two trials for the same crime was not legal.

Constitution of 1865

This Constitution dates back to the tenure of José María Medina, who was a
captain general. It abolishes the constitution of 1848 and it is dictated in its article 1 to
Honduras as a Republic and its leader became a constitutional figure.
The form of government was based on popular and representative principles, as opposed to others.
constitutions where it was eliminated definitely the Catholic religion as a form
Intervening in society, it establishes itself more as a way of exerting power.

 The Death Penalty

For the crimes committed under public administration, the penalty for
death, this form of justice only came into effect or was applied particularly in
the crimes and accusations of murder, planned homicide, thefts, crimes such as
fires, assaults but only if there were fatalities registered.

 In the Legal Term

The Supreme Court of Justice represented the judicial power which would be in force.
for 4 years and according to this constitutional reform they could not be re-elected in any way
continued, in addition to that the Constitutional President of the Republic of Honduras
he was also the high authority in the position of Commander in Chief of the Army and likewise
of the Armed Forces.

Constitution of 1873

It was carried out under the government of Carlos Céleo Arias. Its relevant changes referred to
the reaffirmation of Catholicism as the official religion, which enjoyed total support from
National executive and also allowed public expression of cults.

 Legal factors

Regarding the legislative power, it was responsible for organizing through a chamber.
of deputies, that a management period would last 4 years, and at the same time they could have
difference of the president the benefit for just once of being ratified
electorally.

Constitution of 1880

Marco Aurelio Soto was the protagonist of this constitutional reform. In this reform, it
citizenship was established from the age of 20, but if for any reason it was found
committed or with some professional and academic distinction could enjoy the
benefit at the age of 18.
  Important Events

I. Establishment of a civil code, procedures, military, criminal, mining and

education.
II. The change of the capital of Honduras from Comayagua to Tegucigalpa.
III. Technological advancements were recorded such as the mail system and
telegraph.
IV. Construction of the Railway.
V. Creation of recreational places such as squares and parks representing
historical figures.
VI. The General Hospital of San Felipe was built.
VII. Creation of the National Library.
VIII. Concessions were granted to companies established in the country for mining purposes that
they contributed to economic development.
IX. Primary education became free, non-religious, and compulsory.
X. Freedom of worship is allowed.
XI. The Judicial power was executed in the same way by the Supreme Court of Justice, the
which had 5 magistrates in charge.
XII. The municipal rulers were registered.
XIII. They were mentioned as the departments of Colón and Intibucá.
XIV. Displacement outside the national territory could be done without a passport.
These constitutional reforms led Honduras to include modern policies.
that made a complete turn to the previously established laws.

Constitution of 1894

This constitution was relevant for the electoral processes, since it

implement the vote as direct and secret, as well as not ignoring the
political parties that obtained inferiority in the elections.

 Other reforms.
I. The Habeas Corpus is reaffirmed.
II. The legality of religious diversity was established.
III. The death penalty was abolished unconditionally.
IV. Sentences for any crime shall not exceed 15 years in prison.
V. The judiciary could not issue any kind of law, as it was considered
unconstitutional.
VI. Debt was no longer a reason for deprivation of liberty.
VII. Military service became a rule of mandatory interest.
VIII. The figure of the Attorney General was created.
IX. Citizenship was granted at the age of 21.
X. The laws on protection, elections, and printing were approved.
XI. The presidential term would remain at 4 years.
XII. The Supreme Court of Justice was structured by 5 magistrates.

Constitution of 1904

These reformed laws took about two years to come into effect on the 1st of
March 1904, after being held on September 2 during the administration of Manuel
Bonilla in 1904. And the following laws were established:

I. The National Congress could legally elect its magistrates.

II. The death penalty is restored.
III. The presidential term would last 6 years, in his absence it could be handled by the
Council of Ministers.
IV. The vote changed from secret to public.
It recovers the territories dominated by King of Spain Alfonso XIII, which
it facilitated the border limits between Nicaragua and Honduras.
VI. Constitution of 1921
VII. The union of the Central American countries; Guatemala and El Salvador is attributed.
during the government of Francisco Bertrand Barahona.

Constitution of 1924

The new constitution of Honduras is decreed, retaining the same guarantees of

human rights, the vote was restored as direct, secret, and with recognition of the
minorities.

 In Legal Matters

The death penalty is not determined, and sentences are from 12 years unless...
Accumulated crimes would be 20 years. Expropriation is established.
properties to become public administration.

Constitution of 1936

General Tiburcio Carias Andino issued this constitution on March 28, 1936.
it established the Ius Sanguini which guaranteed nationality within the territory of Honduras and
the laws that grant the defense of human rights such as Habeas Corpus, are
declares again the church as an organ not belonging to the State.
Constitution of 1957

This constitution is promoted under the hand of José Ramón Adolfo Villeda Morales, and
ratified the following:

I. The benefits in defense of constitutional guarantees are ratified,

II. Presidential reelection is not allowed; if this law is not followed, it becomes the
popular uprising in a protected right as well as the guarantees of strikes and
protests.
III. Political parties were established legally and the casting of votes would be
equal and secret.
IV. The General Provisioning Office of the Republic was founded, the Administration Office of
National Assets, The General Contracting of the Republic.
V. Central District with Tegucigalpa and Comayagüela.
VI. The rules governing the industry and the Agrarian Reform were established, the Board
National Social Welfare, National Housing Institute, The Service
National Autonomous Water and Sewage Authority and The National Company of
Electric Energy.

Constitution of 1965

I. The Shield, the Flag, and the National Anthem became Patriotic Symbols.
II. New national institutions were created, such as the National Port Authority.
Honduras and the Institute of Teacher's Welfare.
III. The president of the Republic was exercising with three elected officials in charge.
IV. The budget increase was granted for the National Autonomous University of
Honduras.
V. The magistrates went from 5 to 7 with 7 members and their 5 substitutes.
VI. The Workers' Bank was also founded.

Constitution of 1982

The Constitution of Honduras for the year 1982 was comprised of two organizations
the Formal and the Material.

 It has to do with the defense of the constituent autonomy of its authority,

guarantees of essential rights and the established public authorities.
 Material: It is represented by the designation of the 'Preamble' which is where
the expressions of the makers of the laws and the introduction to
set of regulations that will be governed by the Constitution or by law
project
It contains a total of 8 Titles, 43 Chapters, and 378 articles, reflected
chronologically encompasses Title I: Concerning the State, up to Title VIII which
talks about the transitional provisions and the validity of the constitution.

 Features of the 1982 Constitution

This constitution is characterized by being of the republican order, with the armor of not being able to
to be reformed and the one who I considered doing it is accused of the crime of Treason to the Fatherland,
these mechanisms were implemented through articles that are called
Stony.

 Reforms

Among the most relevant reforms, we can mention the following:

I. Establishment of new functions for the Supreme Court of Justice.

II. The separation of military and civilian functions.
III. Creation of the Supreme Court of Accounts.
IV. The constitutional benefits, which protect the
human rights of citizens.
V. Safeguard national security.
VI. Elimination of the privilege granted to deputies and officials who enjoy
senior officials coming from popular elections.
VII. Increase in civilian intervention for the appointment of the
members of the Supreme Court of Justice.
VIII. The limitations concerning the exercise of the members were marked.
powers of the state.
IX. Implementation of Ius Soli and Ius Sanguini.
X. Organization regarding public safety and everything that it comprises.
XI. The National Registry of Persons system is organized.

Attempts at reforms

In 2009, President Zelaya called for a popular consultation to summon a

constituent national assembly in which it was intended to reform the constitution of
In 1982, with a program called Fourth Ballot, the president aimed to propose the
reelection of the presidential term of the nation, these events were
interpreted by the national Congress as a crime of treason to the Homeland.

Manuel Zelaya is ousted from power through a coup and was replaced.
by the President of the National Congress; Roberto Micheletti
 Important Events

Constitution of 1894

Other reforms.