Ecuadorian Constitution of 1852

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Typographic rustic ISBN: 9788498972740

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In 1852, General José María Urbina, in his capacity as head of state, convened the sixth National Constituent Assembly. In the city of Guayaquil, the sixth Constituent Assembly met, in charge of drafting a new Constitution and naming the new President of the Republic.
In it and for the first time in history, it was determined that in the future, the next presidents and vice presidents should be elected by the Provincial Commission of Electors and no longer by the Assembly.
This commission would be made up of 900 representatives from the three departments of that time, Guayaquil, Quito and Cuenca. It would be the intermediary of the votes, declared indirect and popular.

Constitution of 1852

(September 6, 1852)
In the name of God, author and supreme legislator of the Universe, we, the Representatives of Ecuador, gathered in the National Assembly in order to make the appropriate reforms to the Constitution of 1845, in accordance with the express will of the peoples; we have agreed and arranged that they and the unreformed primitives form the following Constitution of the Republic of Ecuador.

Title I. Of the Republic of Ecuador and Ecuadorians

Section I. From the Republic

Article 1. The Republic of Ecuador is composed of all Ecuadorians gathered under the same pact of political association.

Article 2. Sovereignty resides essentially in the people, and they delegate its exercise to the authorities established by the Constitution. The Republic is one, indivisible, free and independent of all foreign power, and cannot be the patrimony of any family or person.

Article 3. The territory of the Republic includes the provinces that formed the former Presidency of Quito and the Galapagos Archipelago. Its limits shall be definitively fixed by treaties concluded with neighbouring States.

Section II. Of Ecuadorians, their duties and political rights

Article 4. Ecuadorians are Ecuadorians by birth or by naturalization.

Article 5. Ecuadorians by birth:
1. Those born in the territory of Ecuador;
2. Those born in a foreign country of Ecuadorian parents; whenever revenge looms in Ecuador;
3. Nationals who, having been domiciled in another country, return and declare before the authority designated by law, that they wish to recover their former domicile.

Article 6. Ecuadorians by naturalization are:
1. Nationals of other States who are currently enjoying this right;
2. Foreigners who, professing any science, art or useful industry, or possessing any real estate or capital in turn, declare, before the Governor of the province in which they reside, their intention to settle in Ecuador;
3. Foreign women who have married or will marry Ecuadorians;
4. Those who, by their positive services to the country, obtain from Congress a letter of nature.

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