The Puerto Rico Constitution

Name: The Puerto Rico Constitution
Brand: Oxford University Press
SKU: 9780190461263
Price: 1576.25 HKD
Availability: InStock
Author: Rafael Cox-Alomar
ISBN: 9780190461263

By Rafael Cox-Alomar

Oxford University Press February 2023

Specifications

ISBN-13: 9780190461263
Publisher: Oxford University Press
Publication: February 2023
Format: Hardback

Details

The only book of its kind in the English language, this is the first volume of the Oxford Commentaries on the State Constitutions of the United States to explore the constitution of a U.S. territory: Puerto Rico.

The first half of the volume unearths the island's constitutional history from the days of Spanish colonization in the 16th century, through to Congress' enactment in 2016 of the Puerto Rico Oversight, Management and Economic Stability Act (PROMESA). Professor Cox Alomar offers a careful analysis of the most recent decisions of the U.S. Supreme Court implicating Puerto Rico, Sánchez Valle (2016), Franklin Trust (2016), Aurelius (2020) and Vaello Madero (2022). The second half of this volume provides an in-depth analysis of each of the provisions incorporated by the Puerto Rican framers to the 1952 Constitution, still in full force today.

Commentary is provided on each of these constitutional provisions in light of the most recent decisions of the Puerto Rico Supreme Court. The volume examines the interaction between the Puerto Rico Supreme Court and the U.S. Supreme Court, as well as the complex relationship between Puerto Rico and the political branches in Washington. This book is a timely companion in one of the more complex, yet transformative periods in Puerto Rico's constitutional life.

Series Foreword by Lawrence Friedman

Prefatory Note

Foreword by Chief Justice Federico Hernández Denton

Acknowledgments

PART ONE The Constitutional History of Puerto Rico

The Council of Indies 1493-1812

The Cádiz Constitution of 1812

Constitutional Developments 1814-1834

The Royal Statute of 1834

The Spanish Constitution of 1837

The Spanish Constitution of 1845

The Spanish Constitution of 1869

The Spanish Constitution of 1876

Constitutional Developments 1877-1897

The Autonomic Charter of 1897

The 1898 Spanish American War and the Treaty of Paris

U.S. Military Rule 1898-1900

The 1900 Foraker Act

The U.S. Supreme Court and the Insular Cases 1901

The 1917 Jones Act

The 1947 Elective Governor Act

Public Law 600, the Constitutional Convention and the 1952 Constitution

Politico-Constitutional Developments post-1952

Sánchez Valle and Franklin Trust

PROMESA and Aurelius

Epilogue: Between Scylla and Charybdis

PART TWO The Constitution of Puerto Rico and Commentary

Preamble

Article I: The Commonwealth

Section 1. The Commonwealth of Puerto Rico

Section 2. Form of Government

Section 3. Geographic Area

Section 4. Seat of Government

Article II: The Bill of Rights

Section 1. Human Dignity and Equality; Discrimination Prohibited

Section 2. Suffrage; Electoral Franchise

Section 3. Freedom of Religion; Complete Separation of Church and State

Section 4. Freedom of Speech and Press; Peaceful Assembly; Petition for a Redress of Grievances

Section 5. Public Education

Section 6. Freedom of Association

Section 7. Right to Life, Liberty, and Enjoyment of Property; No Death Penalty; Due Process; Equal Protection of Laws; Impairment of Contracts; Exemption of Property from Attachment

Section 8. Protection against Attacks on Honor, Reputation, and Private Life

Section 9. Just Compensation for Private Property

Section 10. Searches and Seizures; Wiretapping; Warrants

Section 11. Criminal Prosecutions; Jury Trial; Self Incrimination; Double Jeopardy; Bail; Imprisonment

Section 12. Slavery; Involuntary Servitude; Cruel and Unusual Punishments; Suspension of Civil Rights for Prisoners; Ex Post Facto Laws; Bills of Attainder

Section 13. Habeas Corpus; Military Authority Subordinate

Section 14. Titles of Nobility; Gifts from Foreign Countries

Section 15. Employment and Imprisonment of Children

Section 16. Rights of Employees

Section 17. Right to Organize and Bargain Collectively

Section 18. Right to Strike, Picket, and Other Legal Concerted Activities

Section 19. Liberal Construction of Rights of People and Powers of Legislative Assembly

Article III: The Legislature

Section 1. Legislative Assembly

Section 2. Number of Members

Section 3. Senatorial and Representative Districts; Senators and Representatives at Large

Section 4. Board to Revise Senatorial and Representative Districts

Section 5. Qualifications of Members of Legislative Assembly

Section 6. Residence in District

Section 7. Representation of Minority Parties; Additional Members

Section 8. Terms of Office; Vacancies

Section 9. Powers of Each House

Section 10. Regular and Special Sessions

Section 11. Open Sessions

Section 12. Quorum

Section 13. Place of Meeting; Adjournment

Section 14. Privileges and Immunities of Members

Section 15. Membership Incompatible with Other Offices

Section 16. Power to Change Executive Departments

Section 17. Legislative Proceedings

Section 18. Joint Resolutions

Section 19. Passage of Bills; Approval by Governor

Section 20. Line-item Veto

Section 21. Impeachment Proceedings

Section 22. Comptroller

Article IV: The Executive

Section 1. Governor

Section 2. Terms of Office; Residence and Office

Section 3. Qualifications of Governor

Section 4. Powers and Duties of Governor

Section 5. Appointment of Secretaries; Council of Secretaries

Section 6. Executive Departments

Section 7. Succession to Office of Governor - Permanent Vacancy

Section 8. Temporary Vacancy

Section 9. Election by Legislative Assembly in Advance of Qualified Successor

Section 10. Removal of Governor

Article V: The Judiciary

Section 1. Judicial Power; Supreme Court; Other Courts

Section 2. Unified Judicial System; Creation, Venue, and Organization of Courts

Section 3. Supreme Court as Court of Last Resort; Composition

Section 4. Sessions and Decisions of Supreme Court; Judicial Review

Section 5. Original Jurisdiction of Supreme Court

Section 6. Rules of Evidence and of Civil and Criminal Procedure

Section 7. Rules of Administration; Chief Justice to Direct Administration and Appoint Administrative Director

Section 8. Appointment of Judges, Officers, and Employees

Section 9. Qualifications of Justices of Supreme Court

Section 10. Retirement of Judges

Section 11. Removal of Judges

Section 12. Political Activity by Judges

Section 13. Tenure of Judge of Changed or Abolished Court

Article VI: General Provisions

Section 1. Municipalities

Section 2. Power of Taxation; Power to Contract Debts

Section 3. Rule of Taxation to be Uniformed

Section 4. Elections

Section 5. Promulgation of Laws; Effective Date

Section 6. Failure to Make Appropriations

Section 7. Appropriations not to Exceed Revenues

Section 8. Priority of Disbursements if Revenues Insufficient

Section 9. Use of Public Property and Funds

Section 10. Extra Compensation for Services; Extension of Term or Decrease of Salary of Public Officer; Salary for More than One Office

Section 11. Salaries of Officials; Increase or Decrease

Section 12. Residence of Governor

Section 13. Franchises, Rights, Privileges, and Concessions

Section 14. Land Holding by Corporations

Section 15. Flag, Seal, and Anthem

Section 16. Oath of Public Officials and Employees

Section 17. Removal of Seat of Government in Emergency

Section 18. Criminal Actions Conducted in Name of People of Puerto Rico

Section 19. Natural Resources; Historic or Artistic Sites; Penal Institutions; Delinquents

Article VII: Amendments to the Constitution

Section 1. Proposal of Amendments

Section 2. Revision of Constitution by Constitutional Convention

Section 3. Limitation of Amendments

Article VIII: Senatorial and Representative Districts

Section 1. Boundaries of Senatorial and Representative Districts

Section 2. Electoral Zones in San Juan

Article IX: Transitory Provisions

Section 1. Laws, Rights, and Liabilities

Section 2. Existing Officers Continued in Office

Section 3. Existing Judges Continued in Office

Section 4. Commonwealth of Puerto Rico as Successor of People of Puerto Rico

Section 5. Citizen of the Commonwealth of Puerto Rico to Replace Term Citizen of Puerto Rico

Section 6. Political Parties

Section 7. Laws Supplementing Transitory Provisions

Section 8. Division of Department of Agriculture and Commerce

Section 9. First and Second General Elections

Section 10. Effective Date of Constitution

Table 1 Puerto Rico's Political Parties circa 1951-1952

Table 2 Election of the Constitutional Convention August 27, 1951

Table 3 Constitutional Convention Delegates per Political Party

Table 4 Delegates to the 1951-1952 Constitutional Convention Mentioned in Commentary

Table 5 Puerto Rico Supreme Court Justices Mentioned in Commentary

Table 6 Insular Cases Involving Puerto Rico

Bibliographical Essay

List of Cases

List of U.S. Treaties and Statutes

Index

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