Separation Of Powers In Puerto Rico

Separation of powers in Puerto Rico

The island of Puerto Rico has evolved politically since the beginning of its history. Prior to the arrival of the Spaniards, the Taine indigenous society maintained a type of tribal government called ‘Cacicazgo’, which was based on a matrilineal hierarchical structure led by a leader called Cacique. After the discovery of the island in 1493, Puerto Rico was led by a series of military governors. In 1582, the Spanish crown established the general captaincy system. Through this government, also military, the captain general exercised his almost absolute power over the people. This regime continued until 1897, the year in which the Autonomous Charter was ratified, through which Puerto Ricans were provided with the greatest powers of self-government. It granted greater representation of the colony before the Spanish central government.

The Autonomous Charter became effective on February 11, 1898, it provided for the formation of a Parliament composed of two legislative chambers; the maintenance of the legal court known as the ‘Territorial Hearing’ and the appointment of a general governor, who would exercise his power in the name of the metropolis, Supreme Authority. The regional system was supplanted, just eight months later, by a new military government, this time American. Puerto Rico was transferred to the United States, as agreed in the Treaty of Paris, which ended the Spanish -American war in December 1898.

With the change in sovereignty, after two years of military government, the United States Congress approved the creation of a republican system by ratifying the Foraker Law in 1900.

This had for the creation of two legislative chambers, although only the lower house was elected by the people, and the presidential appointment of a governor. This law also ordered for the formal organization of a judicial system composed of a Supreme Court, municipal courts and district cuts, in addition to a federal court. The Foraker Law also provided for the election of a resident commissioner, who would serve as representative of the people of Puerto Rico before Congress, although without the right of vote.

For about two decades the system prevailed, until in 1917 the political powers of Puerto Rico were expanded through the approval of the Jones Law. It extended American citizenship to Puerto Ricans, established a civil rights letter and made the positions of legislative chambers into elective electives. In addition, he set the separation of powers between the legislative and executive branch, and allowed the governor to choose his cabinet. The Jones Law was amended in 1947 to grant Puerto Ricans the right to vote democratically by its governor. It was Luis Muñoz Marín, in 1948, the first governor elected by the town.

At the request of the Legislature of Puerto Rico, Public Law 600 of 1950 was approved by the United States Congress, which allowed Puerto Ricans to organize a new system of government based on a Constitution, with its respective Charter of Rights, drafted and approved by the people. On July 25, 1952, after some amendments petitioned by the US Congress, the Constitution of the Associated Free State of Puerto Rico was approved by Constituent Assembly.

The document established a republican democratic government with the traditional separation of powers (executive, legislative and judicial), which guaranteed respect for human rights. Puerto Ricans retained American citizenship and free trade between Puerto Rico and the United States. However, the sections of Law 600 that dealt with the relationship between Puerto Rico and the United States, included in the Statute of Federal Relations remained in force. Puerto Rico does not make up a nation with full sovereignty, as the government is subject to the American, although protected by its constitution.