List of political leaders who suspended the constitution
The following heads of state and government formally suspended provisions of their state's constitution while in office.
Suspended in full[]
Name | Country | Year | Reason |
---|---|---|---|
Lord North
King George III of Great Britain |
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1774 | Introduced the Massachusetts Government Act in Parliament rescinding the Massachusetts colonial charter, dissolving the elected legislature, and instituting martial law under the command of General Thomas Gage in retaliation for the Boston Tea Party. Resulted in the Battles of Lexington and Concord beginning the American Revolution and the United States declaring independence from Great Britain.[1] |
Antonio López de Santa Anna | ![]() |
1835 | Abolished the 1824 Federal Constitution and established the Siete Leyes in their place to centralize the government. Constitution restored by José Mariano Salas after Lopez de Santa Anna's resignation after the Mexican-American War. |
Henry George Grey, 3rd Earl Grey | ![]() |
1848[2] | The constitution put in place by the Colonial Office in London put all power in the hands of the small settler population. Grey suspended the constitution rather than risk all-out war with the much larger native Māori population. |
Charles-Louis Napoléon Bonaparte | ![]() |
1851 | Abolished the Constitution of 1848 after a self-coup due to constitutional term limits preventing his reelection as President of France. Drafted Constitution of 1852 in its place. |
Abdul Hamid II | ![]() |
1878 | Used the Russo-Turkish War as a pretext to prorogue the Ottoman General Assembly, suspend the Constitution of 1876, and execute the Constitution's author Midhat Pasha. Later reinstated the Constitution after the Young Turk Revolution in 1908. |
Deodoro da Fonseca | ![]() |
1889 | Suspended the Imperial Constitution of 1823 along with abolishing the Empire of Brazil, overthrowing Emperor Pedro II, and proclaiming a republic. |
Miguel Primo de Rivera | ![]() |
1923 | Suspended Constitution of 1876 after leading Spanish Armed Forces coup d'etat. |
Alexander I of Yugoslavia | ![]() |
1929-1931 | An assassination in the National Assembly was used as a pretext for absolutism and the dissolution of the Assembly. |
Carol II of Romania | ![]() |
1938 | Suspended the Constitution of 1923 after performing self-coup and taking emergency powers with the assistance of Land Forces officer Ion Gigurtu. |
Francisco Franco | ![]() |
1939–1975 | Suspended the Constitution of 1931 after Nationalist victory in Spanish Civil War and promulgated the Fundamental Laws of the Realm in its place. |
Ion Antonescu | ![]() |
1940–1944 | Suspended the Constitution of 1938 after King Carol II granted him authoritarian powers. Ruled by decree until King Michael's Coup in 1944. |
Chiang Kai-shek Chiang Ching-kuo |
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1948-1991 | Effectively nullified the Constitution of 1948 with the Temporary Provisions against the Communist Rebellion instituting martial law and curtailing civil liberties under the pretext of the Chinese Civil War, the retreat to Taiwan, and the planned recapture of the Mainland. Martial law in Taiwan ended in 1987 under President Chiang Ching-kuo and the Constitution reinstated by the National Assembly in 1991 under President Lee Teng-hui after the abolition of the Kuomintang one-party state. |
Fulgencio Batista | ![]() |
1952 | Suspended Constitution of 1940 after leading coup d'état against the Partido Auténtico government of President Carlos Prío Socarrás due to his poor showing in the forthcoming elections. Fidel Castro of the 26th of July Movement pledged to reinstate the 1940 Constitution in his "History Will Absolve Me" speech during the Cuban Revolution but delayed doing so after overthrowing Batista in 1959 and ultimately drafted the new 1976 Constitution. |
Joseph Arthur Ankrah | ![]() |
1966 | Suspended constitution along with the National Liberation Council after military coup against the government of Kwame Nkrumah. |
Jean-Bédel Bokassa | ![]() |
1966 | Suspended constitution during the Saint-Sylvestre coup d'état against the government of Prime Minister David Dacko. Bokassa later created a monarchy and declared himself Emperor of Central Africa. Constitution restored after the French Armed Forces' intervention against Bokassa in 1979. |
Milton Obote | ![]() |
1966 | Suspended Parliament and the Constitution after being implemented in a gold smuggling plot with the Deputy Commander of the Uganda People's Defence Force Idi Amin. |
Leabua Jonathan | ![]() |
1970 | Suspended Constitution in a coup d'état after early results for the 1970 general election showed the ruling Basotho National Party losing to the Basutoland Congress Party. |
Park Chung Hee | ![]() |
1972 | Suspended Constitution after nearly losing power in the 1971 presidential election. Issued the Yushin Constitution and placed country under martial law. |
Ferdinand Marcos | ![]() |
1972 | Marcos claimed that a supposed Communist takeover of the government compelled him to suspend the 1935 Constitution and impose martial law. Ratified the 1973 Constitution in it[[s place and won its approval in the Ratification Cases of the Filipino Supreme Court. |
Augusto Pinochet | ![]() |
1973–1980 | Suspended the Constitution of 1925 after seizing power in a United States-sponsored coup d'état and constructing a military dictatorship. Ratified the Constitution of 1980 in its place. |
Sobhuza II | ![]() |
1973 | Repealed the Constitution and suspended Parliament, replacing the government with a state of absolute monarchy. |
Juan María Bordaberry | ![]() |
1973 | Used a Tupamaros general strike as pretext to dissolve the General Assembly and Constitution of 1967, establishing a civic-military dictatorship in its place. Constitution restored by Julio María Sanguinetti after the Colorado Party's electoral victory in the 1984 general election. |
Seyni Kountché | ![]() |
1974 | Suspended the Constitution of 1960 and dissolved the National Assembly during the 1974 Nigerien coup d'état. |
Mohammad Zia-ul-Haq | ![]() |
1977–1988 | Suspended the Constution after a military coup. |
France-Albert René | ![]() |
1977 | |
Mustafa Ould Salek | ![]() |
1978 | |
Maurice Bishop | ![]() |
1979–1983 | The Constitution was suspended after the bloodless ouster of former Prime Minister Eric Gairy, yet some rights protections were simultaneously enacted under The People's Laws 1979. The declared plans for a Constitutional referendum were not carried out prior to Bishop's assassination in October 1983.[3] |
Saye Zerbo | ![]() |
1980 | |
Jerry Rawlings | ![]() |
1981 | |
Hossain Mohammad Ershad | ![]() |
1982–1990 | |
Efraín Ríos Montt | ![]() |
1982 | |
Lansana Conté | ![]() |
1984 | |
Abdel Rahman Swar al-Dahab | ![]() |
1985 | |
Sitiveni Rabuka | ![]() |
1987 | |
Pierre Buyoya | ![]() |
1987 | |
Saw Maung Than Shwe |
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1988–2008 | Suspended the Constitution after crackdown of the 8888 uprising. Ratified a new Constitution in 2008. |
Henri Namphy | ![]() |
1988 | Suspended the Constitution after June 1988 coup. |
Omar Hasan Ahmad al-Bashir | ![]() |
1989 | |
Idriss Déby | ![]() |
1990 | |
Amadou Toumani Touré | ![]() |
1991 | |
Jorge Serrano Elías | ![]() |
1993 | |
Yahya Jammeh | ![]() |
1994–2017 | |
Johnny Paul Koroma | ![]() |
1997 | |
Denis Sassou-Nguesso | ![]() |
1997–2002 | According to the United States State Department: "[T]he Sassou regime [...] announced that a constitutional convention would finalize a draft Constitution. However, the eruption in late 1998 of fighting between Sassou's government forces and a pro-Lissouba and pro-Kolelas armed opposition disrupted the transition to democracy. [...] A new Constitution was [...] approved by the people of Congo in a national referendum in January 2002." [4] |
Pervez Musharraf | ![]() |
1999–2007 | See 1999 Pakistani coup d'état |
Frank Bainimarama | ![]() |
2000 | |
Pedro Carmona | ![]() |
2002 | See Venezuelan coup attempt of 2002 |
Gyanendra | ![]() |
2005 | |
Sonthi Boonyaratglin | ![]() |
2006 | During the 2006 Thai coup d'état[5] |
Josefa Iloilo | ![]() |
2009 | |
Supreme Council of the Armed Forces (headed by Mohamed Hussein Tantawi) | ![]() |
2011–2012 | During the Egyptian Revolution of 2011[6] |
Prayut Chan-o-cha | ![]() |
2014–2019 | During the 2014 Thai coup d'état |
Transitional Military Council (headed by Ahmed Awad Ibn Auf) | ![]() |
2019–present | During the 2019 Sudanese coup d'état[7] |
Min Aung Hlaing | ![]() |
2021–present | Suspended the Constitution after a military coup. |
Suspended in part[]
Name | Country | Year | Reason |
---|---|---|---|
Adolf Hitler | ![]() |
1933–1945 | Pressured the Reichstag into ratifying the Enabling Act allowing legislative authority after the Reichstag fire. Abrogated the Weimar Constitution without officially suspending it. |
Omar Ali Saifuddien III | ![]() |
1962 | |
Idi Amin | ![]() |
1971 | Partially suspended constitution one week after taking power in a coup d'état |
Sheikh Mujibur Rahman | ![]() |
1975 | Declared himself president for life. |
Indira Gandhi | ![]() |
1975–1977 | See Indian Emergency Disputed - This was done per provision(s) (Article 352) of the Indian Constitution, which then permitted the declaration of Emergency on the grounds of 'internal disturbance'. Later, the reasoning provided has been challenged as being dubious. The grounds for declaration of emergency under Article 352 was amended in 1978 from 'internal disturbance' to 'armed rebellion'. |
Alberto Fujimori | ![]() |
1992–1993 | Fujimori declared that "those parts of the Constitution that were not compatible with the reorganization of the central government" were suspended.[8] |
Omar Hassan Ahmad al-Bashir | ![]() |
1989-2019 | Partially suspended Constitution after seizing power in a coup d'état. |
Pedro Sánchez | ![]() |
2020-2021 | During the COVID-19 pandemic, the Spanish government declared the state of alarm, which effectively suspended some constitutional rights,like the freedom of movement. Later, it was declared unconstitutional by the Constitutional Court of Spain.[9][10] |
Kais Saied | ![]() |
2021–Present | Suspended most of the Constitution after he seized governing powers, dismissed the prime minister and suspended the elected parliament. |
See also[]
- Constitutionalism
- Constitutional economics
- Rule according to higher law
- Temporary Provisions against the Communist Rebellion
References[]
- ^ "American Revolution | Causes, Battles, Aftermath, & Facts". Encyclopedia Britannica. Retrieved 2020-01-26.
- ^ Taonga, New Zealand Ministry for Culture and Heritage Te Manatu. "Grey, George". teara.govt.nz. Retrieved 2019-12-25.
- ^ "People's Laws 1979". the Grenada Revolution Online. Archived from the original on 2004-04-26. Retrieved 2019-12-25.
- ^ United States Department of State
- ^ Mydans, Seth; Fuller, Thomas (20 September 2006). "With Premier at U.N., Thai Military Stages Coup". The New York Times.
- ^ Mariam Fam and Maram Mazen. "Egypt Army Dissolves Parliament, Lifts Constitution". Businessweek.
- ^ Osman, Muhammed; Bearak, Max (11 April 2019). "Sudan's military overthrows president following months of popular protests". Washington Post. Retrieved 11 April 2019.
- ^ http://www.congreso.gob.pe/museo/mensajes/Mensaje-1992-1.pdf[dead link]
- ^ "Spain's top court rules that the coronavirus state of alarm was unconstitutional". elpais.com. 14 July 2021.
- ^ "Court declares Spain's 2nd COVID state of alarm unconstitutional". aa.com.tr. 27 October 2021.
Categories:
- Constitutional law
- Lists of office-holders
- Lists of politicians