Guatemala · Overview
The legal system of Guatemala
A civil-law system notable for placing constitutional review in a wholly separate Corte de Constitucionalidad rather than in the Supreme Court. The 1985 Constitution recognises 22 Mayan languages alongside Spanish and, together with the 1996 peace accords, commits the state to indigenous rights — though implementation, especially on consultation over mining and hydro projects, remains heavily litigated.
Legal tradition
Guatemala belongs to the civil law tradition. A civil-law system notable for placing constitutional review in a wholly separate Corte de Constitucionalidad rather than in the Supreme Court. The 1985 Constitution recognises 22 Mayan languages alongside Spanish and, together with the 1996 peace accords, commits the state to indigenous rights — though implementation, especially on consultation over mining and hydro projects, remains heavily litigated.
How power is divided
Unitary, with 22 departments run by governors the President appoints, and 340 autonomous municipalities. Indigenous authorities exercise recognised customary functions, and ILO Convention 169 has been ratified.
Where law comes from
- Constitution
- Article 46 gives ratified human-rights treaties precedence over domestic law.
- Statutes of Congress
- Single chamber; constitutional statutes need a two-thirds majority.
- Codes
- Civil Code 1963, Labour Code (Decree 1441), Migration Code (Decree 44-2016).
- Corte de Constitucionalidad case law
- Binding on all authorities.
The legal profession
Practice requires membership of the Colegio de Abogados y Notarios de Guatemala, which also votes in the commissions that nominate senior judges — a link that has drawn sustained criticism. Lawyers are qualified as both abogado and notario.
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