The Plurinational State of Bolivia adopted a new constitution by popular referendum in 2009 that prioritises popular democratic participation and affirms social, economic and political plurality. The government is divided into four branches: executive, legislative, judicial and electoral. The executive branch is composed of the President (head of state), Vice-President and the Cabinet of Ministers. The legislative branch is bicameral and consists of the Senate – with representatives from each of the nine regional authorities (called departments) and the House of Deputies – half of whom are elected by popular direct vote and the other half listed on the presidential ticket. Any congressional representative, the Vice-President, the President, the Supreme Court, or any citizen of the Republic may initiate proposed legislation, called law projects. Once a law project is passed in one house, it is debated and considered in the other. Both houses must pass the bill by a simple majority, and modifications must be resolved between the two houses by a conference committee before the President can sign it into law. Should the President oppose some provision of the legislation, he/she may return the bill with a written statement to the house of origin where the objections will be considered and passed with modifications (again in both houses). Alternatively, Congress may override presidential objections or veto by a two-thirds majority vote in both houses.
Bolivia’s Constitution has supremacy over other laws in the country. Bolivia’s judicial power is comprised of a Supreme Court of Justice and other lower courts. Article 179 sets that “[…] Ordinary jurisdiction is exercised by the Supreme Court of Justice, the departmental courts of justice, the sentencing courts and the judges; the agro-environmental jurisdiction is exercised by the Agro-Environmental Court and judges; and the rural native indigenous jurisdiction is exercised by their own authorities.” For constitutional judicial enforcement, referred to therein as “constitutional justice”, the Constitution sets a Pluri-National Constitutional Court (Tribunal Constitucional Plurinacional) (art. 179). Article 196 (I) further establishes that the Pluri-National Constitutional Court is responsible for assuring the supremacy of the Constitution, exercising constitutional control, and safeguarding respect for and enforcement of constitutional rights and guarantees.