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Due Process for Ex-Dictators; A Study of Judicial Control of Legislation in Guatemala*

Published online by Cambridge University Press:  01 August 2014

J. A. C. Grant*
Affiliation:
University of California(Los Angeles)

Extract

Early in 1931, General Jorge Ubico Castaneda established in Guatemala one of the tightest dictatorships in all Latin America. For many years, his régime was not only popular, but benevolent. General Ubico loved his country, and under his leadership there was a remarkable increase alike in administrative efficiency and public honesty. Under the Ley de Probidad, one of his first statutes, every important government official from the president down was required to file a sworn statement upon assuming office of all property owned by him and by his immediate family, to serve as the possible basis of an accounting on termination of his services. Government employees receiving funds were required to give a receipt, made out in duplicate upon official blanks that must be accounted for, upon pain of a fine amounting to twice the amount involved, one-half of which was to be paid to the informer. No one could tell when General Ubico would “drop in” on him to audit his books and examine his papers, as he could reach even the most out-of-the-way government offices on his motorcycle. Indeed, “government by motorcycle” became a popular phrase of the day in reference to this rugged and domineering personality.

Although the constitution provided in Article 66 that the presidential term of office should be six years, and that no president should be reelected until he had been out of office for at least twelve years, a subservient Congress that had virtually abandoned its legislative powers to the executive called for a national plebiscite on extending General Ubico's term, and following a favorable vote the constitution was amended to provide that he should continue as president until March 15, 1943, Article 66 remaining in suspense until that date. Late in 1941; the constitution was again amended to extend his term another six years.

Type
Foreign Government and Politics
Copyright
Copyright © American Political Science Association 1947

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Footnotes

*

This article grew out of short stays in Guatemala while traveling to and from Colombia to complete the research on a project begun in 1942 on a Guggenheim Fellowship but interrupted by war service. The author also wishes to thank the Social Science Research Council, which subsidized the second trip.

References

1 Decreto No. 1707 of May 9, 1931.

2 Decreto gobernativo No. 1222 of Feb., 1937.

3 Decreto No. 4 of July 11, 1935.

4 Decreto No. 2 of Sept. 12, 1941.

5 Decreto No. 1905 of Apr. 8, 1933. Here, as throughout the paper, I use dollars rather than quetzales because this will be more meaningful to the reader. The two have remained on a par throughout the entire period involved.

6 Decreto No. 2445 of Apr. 23, 1940.

7 Decreto No. 38 of Dec. 15, 1944.

8 Decreto No. 125 of May 31, 1945, Art. 1.

9 Decreto No. 173 of Oct. 15, 1945, Art. 1.

10 Constitution of 1945, Art. 49.

11 Ibid., Art. 50.

12 The opinions of the Supreme Court, dated Apr. 4, 1946, have been published in the Diario de Centro América, Vol. 46, no. 51, pp. 535536Google Scholar, and these, together with the opinion of the Court of Appeals, will later be published in the Gaceta de los Tribunals. I have used the expedientes in the archives of the respective courts, which, in addition to the opinions, contain all briefs and motions of counsel and all evidence introduced at the trial.

13 Constitution, codification of 1945, Art. 26.

14 Constitution of 1945, Art. 49.

15 See Campbell v. Holt, 115 U.S. 620, 623 (1885); Manley v. Georgia, 279 U.S. 1 (1929); Western & A.R.R. Co. v. Henderson, 279 U.S. 639 (1929).

16 Decreto No. 56 of Jan. 25, 1945.

17 Decreto No. 54 of Jan. 23, 1945.

18 Tribunal de Cuentas: Dirección General de Cuentas, Expediente No. 385 B of 1945.

19 Ibid., No. 385 of 1945.

20 See the discussion of Trevett v. Weeden, Rhode Island (1786), in Haines, C. G., American Doctrine of Judicial Supremacy (2d ed., 1932), pp. 105112Google Scholar.

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