The document summarizes the government system of El Salvador. It describes El Salvador as a presidential representative republic with an executive branch led by a president and legislative branch consisting of a unicameral Legislative Assembly. Key points include that the president acts as both head of state and head of government, appoints ministers, commands the armed forces, and can declare states of emergency. The Legislative Assembly passes laws, approves the budget and international treaties, and elects certain officials. Elections take place every 3-5 years via proportional representation.

1. June 25, 2020
The Government System of El Salvador
theweeklyrambler.com/the-government-system-of-el-salvador/
El Salvador is a country located in
Central America, a strip of land
between the North and South
American continents, the small
country is bordered with Honduras
and Guatemala and has a coast along
the Pacific Ocean. The capital city of
San Salvador is located close to the
country’s centre.
The area that is El Salvador was
controlled by a number of
Mesoamerican nations such as the
Lenca, early Mayans and Cuzcatlecs
and such nations/peoples controlled
the area until the Spanish conquered
the area in the early 16th Century and
made it part of the huge Viceroyalty of
New Spain within the Captaincy General of Guatemala or Kingdom of Guatemala
(which included Costa Rica, Honduras, Nicaragua, Guatemala and part of Mexico)
under the Spanish Empire.
In the early 1800s movements for independence would begin due to many factors such
as elites wanting self-rule and the weakening of Spain due to the Napoleonic Wars,
several insurrections took place and was eventually successful in 1821 where all
territories under the Captaincy General of Guatemala got independence and together
with Guatemala, Costa Rica, Honduras and Nicaragua they formed the Federal Republic
of Central America but the nation would soon vote to join the First Mexican Empire in
1822, although El Salvador was against it and the Mexican army attempted to suppress
such dissent but internal problems within the Empire led to the army withdrawing
within a year.
After the armed forces left in 1823 the remaining provinces rejected the vote to join the
First Mexican Empire and the Federal Republic of Central America would continue on
independent until infighting and civil war led to its breakup in 1841 and El Salvador
became an independent republic until in 1896 it joined up with Honduras and
Nicaragua to form the Greater Republic of Central America, which was short-lived as a
coup in El Salvador in 1898 led to the union’s collapse and El Salvador was once again
independent.
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2. Over the years the country went through a number of authoritarian leaders,
humanitarian turmoil, coups and attempts at establishments of democracy and also a
devastating revolution that became a proxy war within the greater Cold War. Currently
the country is a democratic republic.
The largest religion is Roman Catholic and the official language is Spanish and the
country’s currency is the US Dollar, although the country’s former currency, the
Salvadoran Colón, is still legal tender in the country. The country’s population, which
has greatly slowed in growth over the last few decades, is estimated to reach 6,481,102
by July 2020.
Government Type
El Salvador Coat of Arms.
El Salvador is a Presidential representative republic where there is a President who is
both Head of State and Head of Government and there is a unicameral chamber called
the Legislative Assembly that makes up the legislative government. Multiple parties are
allowed.
The Executive Government
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3. Inside the Presidential House, residence and offices of El Salvador’s President. Photo by Efege
from Wikimedia. CC BY-SA 3.0. Source.
As said the President is both Head of State and Head of Government and so has a
number of powers at their disposal.
The President is part of the Executive Organ along with the Vice-President, Ministers of
State and Vice-Ministers of State.
Presidential Absence
If the President is definitively incapacitated or deceased then the Vice-President will
take the position or if they are also permanently absent a designate in order of
nomination will instead and if none of those are able then the Legislative Assembly will
elect a new designate.
If the President’s incapacity lasts longer than 6-months then the designate or Vice-
President shall complete the presidential period.
Presidential Duties
The President is the commander-in-chief of the country’s armed forces. The President
organizes, leads and maintains the Armed Forces, confers military degrees, and
commands the stationing, duty or discharge of the Officers.
The President can deploy the Armed Forces to defend the State’s sovereignty and
territorial integrity. Under exceptional emergency circumstances such as if the regular
means for maintaining internal peace and public order have been exhausted, the
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4. president can activate the Armed Forces to bring order. Such an activation is limited to
the time and order needed to re-establish order and the President must keep the
Legislative Assembly informed on these activities and the Assembly can arrange to stop
the exceptional means at any time. Afterwards the President must present a detailed
report to the Legislative Assembly.
Organize, lead and maintain the National Police Forces and State Intelligence Agency.
The President observes and enforces the constitution, laws, treaties etc. The President
makes international treaties and conventions and submits them to the Legislative
Assembly for approval. The President also directs foreign relations.
The President presents through his/her ministers to the Legislative Assembly the work
report of the administration annually. The Minister of the Treasury also presents the
general account of the last budget within 3-months after the fiscal year to the Legislative
Assembly. If these fail to be completed the Ministers responsible are removed from
office.
The President sanctions, promulgates and publishes laws passed by the Legislative
Assembly but can also choose to veto them.
The President can commute sentences based on a prior report and favorable judgement
of the Supreme Court of Justice.
The Administration
There are Offices of Secretaries of the State, among which the various Branches of the
administration are distributed and each office is under the direction of a Minister who
act with one or more Vice Ministers. The National Defense and Public Security are
assigned to different ministries. Ministers and Vice Ministers must be over 25-years-old
and other requirements are the same as that of President of the Republic.
The President of the Republic appoints and removes and can grant leave to Ministers
and Vice Ministers of the State and of the Chief of Public Security and of the State
Intelligence. The Ministers and Vice Ministers act on the decrees, agreements, orders,
and rulings of the President of the Republic within their respective branches.
There is a Council of Ministers integrated by the President of the Republic, Vice-
President of the Republic and the Ministers of State or those who take their place. The
Council of Ministers elaborate the general plan of the Government; elaborate the
projected Budget and present it to the Legislative Assembly for approval; propose
suspension of constitutional guarantees due to exceptional emergency to the Legislative
Assembly for approval; convoke an extraordinary meeting of the Legislative Assembly
when interests of the public demand it and to take cognizance and to decide on all
affairs presented to by the President of the Republic for consideration.
The President of the Republic, Vice-President of the Republic, Ministers and Vice-
Ministers are all jointly responsible for their actions within the administration, even if
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5. they voted for such things that are adopted or not. Collective resignation of the Cabinet
is expected in such situations that has led to lack of confidence in the administration
due to its actions.
Emergency Provisions
The constitution gives right of insurrection to the people if the government or officials
are violating the constitution in a continuous and blatant manner and if such
government or officials attempt to deviate away from constitutional rights or if the
President attempts to violate term limits. Article 87/88.
The Legislative Government
Meeting place of the Legislative Assembly. Photo by Frankk785 from
Wikimedia. CC BY-SA 3.0. Source.
Duties and Structure
The Legislative Assembly makes up the legislative government and its main job is to
have legislation introduced to it and to have it debated, amended and passed or
rejected. The Legislative Assembly also decree taxes, can declare war or public disaster
in case of invasion or war/peace on reports from the Executive. The Assembly also
approves or rejects international treaties or pacts put together by the Executive. Decree
and reform the Budget. Approves or disapproves the work report of the Executive and
also receives various work reports of public/judicial officials and institutions. Can grant
amnesty for political or common crimes or pardons upon a favorable report from the
Supreme Court of Justice.
Give permission or refusal for foreign forces to move through the country’s territory as
well as the stationing of foreign ships or airships used for war for longer periods than
established in international treaties.
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6. The Assembly elects a number of positions such as the President and Magistrates of the
Supreme Court, President and Magistrates of the Supreme Electoral Tribunal, President
and Magistrates of the Court of Accounts of the Republic, the Attorney General of the
Republic, Procurator-General of the Republic, the Procurator for the Defense of Human
Rights and the members of the National Council of the Judiciary, which along with the
Bar Association, suggests the Presidents and Magistrates of the Judicial Organ to be
elected.
If the Legislative Assembly suspects physical or mental incapacity of the President of the
Republic or the Vice-President of the Republic or other functionaries elected by the
Assembly then they shall elect a Judgement Commission of five physicians and if they
unanimously decide such official has a mental or physical incapacity then the Assembly
can declare such via a two-thirds majority vote leading to their removal from office.
The Legislative Assembly can establish special commissions to investigate matters of
public interest and adopt the agreements and/or recommendations that are necessary
based on the commission’s report. The Legislative Assembly can question government
members and public officials. The Assembly can also recommend to the President of the
Republic to dismiss Ministers of State; corresponding organs or functionaries of
Autonomous Institutions, based on the result of a special commissions investigation or
interpellation. The President is bind on a resolution from the Assembly to remove a
head of public security or of the intelligence department of the state if it involves grave
violations of human rights.
The Assembly gives permission for the President of the Republic to leave the National
territory.
Under emergency situations the Legislative Assembly can suspend and at some point,
(re-establish) certain constitutional rights/guarantees in agreement with Article 29, via
a two-thirds majority vote.
The Legislative Assembly currently has 84 members and the number of members a
constituency returns are based on population size. Members can lose their seats if they
are convicted of serious crimes in a definitive sentence or if they violate prohibitions
under Article 128. Members of the legislative Assembly can be made members of
government or sent on diplomatic missions but must cease being a member of the
chamber during that time where a substitute will hold their seat.
Legislation Introduction and Approval
Legislation can be introduced to the Legislative Assembly by its own members or by the
President of the Republic through his/her Ministers. The Supreme Court of Justice can
introduce legislation to do with matters of the Judicial Organ and Municipal Councils
can introduce legislation on matters of municipal taxes. The Central American
Parliament, a regional organization of Central American states can also introduce
legislation through El Salvador’s Deputies conforming it, to do with integration of the
Central American isthmus, in accordance with Article 89.
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7. Bills that are passed by Parliament are transferred to the President of the Republic for
approval. The President can veto a bill and send it back to the Legislative Assembly who
shall reconsider it, if they pass it again unchanged with a two-thirds majority then the
President of the Republic must approve it, unless the President believes it is
unconstitutional when then the Supreme Court of Justice will make a final decision.
If the President of the Republic fails to approve laws in the specified time period then
the President of the Legislative Assembly shall do so instead.
The Electoral System
Image by Cobaltous from Wikimedia. CC BY-SA 4.0.Source.
Legislative elections take place every 3-years. Members are elected from multi-seat
constituencies containing 3-16 members dependent of population, including a single
nationwide constituency that elects 20 members, all elected via proportional
representation system where parties reaching a certain threshold of votes in a
constituency are guaranteed seats.
To be a candidate for the Legislative Assembly one must be Salvadoran by birth, be over
25-years-old and to be of good integrity and education and to have not lost citizenship
in the preceding 5-years and that they do not meet any disqualifications under article
127.
Presidential elections happen every 5-years and the Vice-President is elected on the
same ticket. Elections use a two-round system where a candidate require an absolute
majority to win in the first round otherwise a 2 round is held between the top two
candidates which is won by simple majority. Those elected can serve one term and then
must step aside for a term but can run again after such time.
nd
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8. Those who are made President of the Republic must be a Salvadoran citizen from birth;
be a layman, over 30-years-old, of well-known morality and instruction, to be in
exercise of rights of citizenship and to have been so 6-years preceding and to be
affiliated with a legally recongised political party and that they do not meet
disqualifications under article 152. All this also counts for the Vice-President and
designates.
Sources
My sources are from the country’s 1983 constitution with amendments through to 2014
(constituteproject.org) and so should be as accurate as possible but of course I may
have missed things or misinterpreted stuff and also the constitution can be changed as
well and so this post may eventually become outdated and so cross-research is
important if using this in a serious capacity. Some information such as on election
procedure, constitutional amendment procedure and population from the CIA World
Factbook El Salvador entry.
Proposals to amend the constitution must be agreed to by an absolute majority of the
members of the Legislative Assembly and then adopted by a two-thirds majority vote of
those same members.
Next up will be the government system of Equatorial Guinea.
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