Type of government envisioned
Honduras is a State of law, sovereign, constituted as a free, democratic and independent republic to ensure its inhabitants the enjoyment of justice, liberty, culture, and social and economic well-being.
Sovereignty originates in the people, from whom stem all the powers of the State, which are exercised through representation.
The supplanting of popular sovereignty and the usurping of their constituted powers shall be considered crimes of treason against the fatherland. Responsibility in these cases shall be imprescriptible and an action may be initiated by the competent organ on its own motion or by petition of any citizen.
Right to overthrow government
No one owes allegiance to a usurping government nor to those who assume office or public service by force of arms or by using means or procedures which violate or ignore the provisions established by this Constitution and other laws. The acts adopted by such authorities are null. The people have the right to resort to insurrection in defense of the constitutional order.
Judicial independence, Claim of executive independence
The government is republican, democratic and representative. It is composed of three branches: legislative, executive and judicial, which are complementary, independent, and not subordinate to each other.
Alternation in the exercise of the Presidency of the Republic is obligatory.
Violation of this provision constitutes a crime of treason against the fatherland.
The government must sustain itself on the principles of participatory democracy, the self-determination of peoples and democratic participation, from which the national integration derives, which implies participation of all political sectors in the Public Administration, political stability and social peace.
Legislative initiatives by citizens
To strengthen democratic representation, the referendum, the plebiscite and the citizen initiative of law are instituted as mechanisms of citizen participation.
The referendum will be convoked concerning on Ordinary Law or an adopted constitutional norm or its reform for its ratification or [its] disapproval by the citizenry.
The plebiscite will be convoked by soliciting of the citizens a decision concerning constitutional, legislative or administrative issues, concerning which the Constituted Powers have not made a previous decision.
The referendum and the plebiscite may be realized at [the] national, regional, sub-regional, departmental and municipal level.
[The following] have initiative to solicit the referendum or the plebiscite:
- At least two percent (2%) of the citizens inscribed in the National Electoral Census, in accordance with the datum that must be periodically provided by the Supreme Electoral Tribunal to the National Congress;
- At least ten (10) Deputies of the National Congress; and
- The President of the Republic by resolution of the Council of the Secretaries of State.
The National Congress must take cognizance of and discuss such petitions, and if it approves them, it must adopt a Decree which determines the limits of the consultation, [and] order the Supreme Electoral Tribunal, to order, to organize and to direct the consultation of the citizens.
The percentages for legislative approval of the citizens consultations are determined according to the subject to be consulted in accordance with this Constitution, by simple majority of the totality of its members when it concerns ordinary laws and matters, [and] the two-thirds part of the totality of its members when it refers to constitutional matters.
A Special Law adopted by the two-thirds part of the totality of the Deputies of the National Congress must determine the procedures, requirements and other aspects necessary for the exercise of the mechanisms of citizen participation.
It corresponds uniquely to the Supreme Electoral Tribunal to convoke, to organize and to direct the citizen consultations.
The citizen consultations must have precedence on the same date as the general elections.
The exercise of suffrage in the citizen consultations is obligatory.
The result of the citizen consultations is of obligatory compliance if at the least fifty-one percent (51%) of the total of the participation in the last general elections agrees [to it]; and, if the affirmative vote obtains the majority of valid votes.
The Special Law must determine those having initiative to solicit the convocation to a citizen consultation when it is not of national level, as well as the percentage of participation necessary for it to be valid.
The Supreme Electoral Tribunal[,] once establishing the official result in the time that the Special Law specifies, must report [informar] to the National Congress in a time of ten (10) days concerning the result of the consultation. The National Congress must adopt a Decree ordering the implementation of the norms that result from the citizen consultation.
If the initiative submitted to consultation is adopted, the sanction will not be necessary nor [will the] veto of the Executive Power proceed[;] in consequence, the National Congress will order the publication of the norms adopted. The norms may only be abrogated or reformed through the same process as their adoption.
[A] consultation concerning the same subject may not be realized in the same nor in the following term [período] of Government.
Official or national languages
The official language of Honduras is Spanish. The State shall protect its purity and increase its learning.
National flag, National anthem
The national symbols are: the flag, the coat of arms and the national anthem.
The law shall establish their characteristics and shall regulate their use.
The cities of Tegucigalpa and Comayaguela, jointly, constitute the capital of the Republic.