The Napoleonic Code is the French civil code established under Napoleon I in 1804. It was drafted by a commission of four eminent jurists and entered into force on 21 March 1804; the Code, with its stress on written and accessible law, was a major step in replacing the previous patchwork of feudal laws. Historian Robert Holtman regards it as one of the few documents that have influenced the whole world; the Napoleonic Code was not the first legal code to be established in a European country with a civil legal system. It was, the first modern legal code to be adopted with a pan-European scope, it influenced the law of many of the countries formed during and after the Napoleonic Wars; the Napoleonic Code influenced developing countries outside Europe in the Middle East, attempting to modernize their countries through legal reforms. The categories of the Napoleonic Code were not drawn from the earlier French laws, but instead from Justinian’s sixth-century codification of Roman law, the Corpus Juris Civilis and within it, the Institutes.
The Institutes divide law into the law of: persons things actions. The Napoleonic Code divided law into four sections: persons property acquisition of property civil procedure. Napoleon set out to reform the French legal system in accordance with the ideas of the French Revolution, because the old feudal and royal laws seemed confusing and contradictory. Before the Napoleonic Code, France did not have a single set of laws. There were exemptions and special charters granted by the kings or other feudal lords. During the Revolution, the last vestiges of feudalism were abolished; as to civil law, the many different bodies of law used in different parts of France were replaced by a single legal code. Jean-Jacques Régis de Cambacérès led this drafting process, his drafts of 1793, 1794, 1799, were adopted only piecemeal by a National Convention more concerned about the turmoil resulting from the various wars and strife with other European powers. A fresh start was made after Napoleon came to power in 1799.
A commission of four eminent jurists was appointed in 1800, including Louis-Joseph Faure and chaired by Cambacérès, sometimes by the First Consul, Napoleon himself. The Code was complete by 1801, after intensive scrutiny by the Council of State, but was not published until 21 March 1804, it was promulgated as the "Civil Code of the French", but was renamed "the Napoleonic Code" from 1807 to 1815, once again after the Second French Empire. The process developed out of the various customals, but was inspired by Justinian’s sixth-century codification of Roman law, the Corpus Iuris Civilis and, within that, Justinian's Code; the Napoleonic Code, differed from Justinian’s in important ways: it incorporated all kinds of earlier rules, not only legislation. The development of the Napoleonic Code was a fundamental change in the nature of the civil law system, making laws clearer and more accessible, it superseded the former conflict between royal legislative power and in the final years before the Revolution, protests by judges representing views and privileges of the social classes to which they belonged.
Such conflict led the Revolutionaries to take a negative view of judges making law. This is reflected in the Napoleonic Code provision prohibiting judges from deciding a case by way of introducing a general rule, since the creation of general rules is an exercise of legislative and not of judicial power. In theory, there is thus no case law in France. However, the courts still had to fill in the gaps in the laws and regulations and, were prohibited from refusing to do so. Moreover, both the code and legislation have required judicial interpretation, thus a vast body of case law has come into existence. There is no rule of stare decisis in French law, but decisions by important courts have become more or less equivalent to case law; the preliminary article of the Code established certain important provisions regarding the rule of law. Laws could be applied only if they had been duly promulgated, only if they had been published officially. Thus, no secret laws were authorized, it prohibited ex post facto laws.
The code prohibited judges from refusing justice on grounds of insufficiency of the law, thereby encouraging them to interpret the law. On the other hand, it prohibited judges from passing general judgments of a legislative value. With regard to family, the Code established the supremacy of the man over the wife and children, the general legal situation in Europe at the time. A woman was given fewer rights than a minor. Divorce by mutual consent was abolished in 1804; the Draft on Military Code was presented to Napoleon by the Special Commission headed by Pierre Daru in June 1805.
Departments of Haiti
In the administrative divisions of Haiti, the department is the first of four levels of government. Haiti is divided administratively into ten departments, which are further subdivided into 42 arrondissements, 145 communes, 571 communal sections. In 2014, there was a proposal by the Chamber of Deputies to increase the number of departments from 10 to 14 —perhaps as high as 16; each departement has a departmental council compound of three members elected by the departmental assembly for a 4-year term. The departmental council is led by a president; the council is the executive organ of the department. Each department has a departmental assembly; the departmental assembly is the deliberative organ of the department. The members of the departmental assembly are elected for 4 years; the departmental assembly is led by a president. Three Departments have roots in the former French colony of Saint-Domingue, namely: the Nord and Ouest. In 1801, under Governor-General Toussaint Louverture, the "provinces," became known as departments.
In 1821, Artibonite was created and in 1844, Nord-Ouest, both derived out of the Nord and Ouest departments. In 1962 during the reign of Duvalier, four new departments were created out of a territorial redistribution; these departments were: Sud-Est. In 2003, a tenth department was created out of Grand'Anse, called Nippes. In the 1990s, before the creation of Nippes, the "10th Department" was a phrase used in regards to the Haitian diaspora; as of the 21st century, it became known as the "11th". Data based on 2015 estimates from the Haitian government. ISO 3166-2:HT Haiti Arrondissements of Haiti Communes of Haiti List of departments of Haiti by Human Development Index List of Caribbean First-level Subdivisions by Total Area Code Postal Haitien
2010–11 Haitian general election
General elections were held in Haiti on 28 November 2010, having been scheduled for 28 February. Ten senators and all 99 deputies were to be elected. Presidential elections were held. A run-off was scheduled for 16 January as no candidate received 50% of the votes cast. However, it was postponed until 20 March 2011 as election officials said they could not hold the runoff while awaiting results from re-polling, with results expected on 31 March. Official results, announced on 21 April 2011, showed Michel Martelly defeating Mirlande Manigat in the second round of the presidential election. Due to January 2010 earthquake, Haitian presidential election was indefinitely postponed. Following the magnitude 7.0 earthquake, there were concerns of instability in the country, the election came amid international pressure over instability in the country. The election was termed in the media as a "seismic" one; this would be the third democratic election in Haitian history. The deadline to file candidacy for the elections was August 7.
The list of presidential candidates was to have become official on August 17 after the nine-member provisional electoral council was to announce the eligibility criteria. However, the election commission postponed its ruling until August 19 because of disagreement on the electoral law which stipulates that candidates must hold a Haitian passport and have five consecutive years of residence in Haiti, among other requirements; this was to affect Wyclef Jean, Jacques Edouard Alexis, Leslie Voltaire. The absence of the Fanmi Lavalas party was notable because of its popular support. Peter Hallward explained: "The final FL list of candidates was endorsed by the party leader by fax, but at the last minute the CEP invented a new requirement, knowing FL would be unable to meet it: Aristide, still exiled in South Africa and denied entry to Haiti, would have to sign the list in person." Musician Wyclef Jean, who left Haiti for the United States at the age of 9, said he is qualified to run for president and was in Haiti to initiate the legal process with lawyers and have his fingerprints taken by the judicial police to run for president.
He did, declare that "There are a lot of rumors that I am running for president. I have not declared that. If we decide to move forward, I am pretty sure that we have all our paperwork straight." He added that after discussions with his family he would "decide on what we're going to do because it is a big sacrifice." His aides said he would announce his candidacy on CNN in the United States before flying back to Haiti to enter the race. Some analysts predicted Jean's popularity with the youth of Haiti could help him "easily win the presidential election if his candidacy were approved." On 5 August, he registered as a candidate for Viv Ansanm party with the motto "Fas a Fas." The head of the party, Daniel Jean Jacques, confirmed Jean would be the party's candidate for president. Jean spoke of his nomination as "a moment in history. It's emotional; the United States has Barack Obama and Haiti has Wyclef Jean." He told CNN's Wolf Blitzer that he was running, despite Blitzer's questions about Jean's actual citizenship and passport facts.
He resigned from the chairmanship of Yéle Haiti. He was criticised by Pras Michel, one of his former bandmates in the Fugees, for the decision to run for president. Others criticised him for his lack of political experience and a vague platform he was to have run on. In the United States he was criticised by Sean Penn and Arcade Fire's Win Butler who said "Technically, shouldn't be eligible because he hasn't been a resident of Haiti, and I think him not speaking French and not being fluent in Creole would be a major issue in trying to run a complex government, like the government in Haiti. It would kind of be like Arnold Schwarzenegger only speaking Austrian and being elected president of the United States after New York City and L. A. had burned to the ground... I think he is a great musician and he passionately cares about Haiti. I hope he throws his support behind someone, competent and eligible."On August 20, 2010, he was deemed ineligible to run for the presidency and his candidacy was rejected by Haiti's Electoral Council.
While he accepted the ruling, many supporters protested the decision. He asked his supporters to stay calm in the wake of the ruling, he responded in saying he would file an appeal and that " are trying to keep us out of the race." He argued that he could not comply with the law so because President René Préval had appointed him as a roving ambassador in 2007 and he was allowed to travel and live outside the country. There were supposed to have been 34 candidates in the preliminary race but a Haitian political website came up with 38. Charles Henri Baker, a prominent businessman in the apparel industry. Charles Henri Baker is running under the Respè Party. Jean Henry Ceant, a prominent notaire and founder of Aimer Haiti which operated one of the few hospitals after the January 12 quake. Jacques-Édouard Alexis, a two-time former prime minister, forced to resign in the aftermath of food riots in 2008. Jude Célestin, Executive director of the government's road-building outfit, the National Center of Equipment, member of President René Préval's Unity party.
Eddy Delaleu, president and chief executive officer of the NGO Operation Hope for Children of Haiti since its inception in 1994. Lavarice Gaudin, an Aristide ally and Miami activist and radio commentator. Wilson Jeudi, mayor of Delmas who organized a sis
A legislature is a deliberative assembly with the authority to make laws for a political entity such as a country or city. Legislatures form important parts of most governments. Laws enacted by legislatures are known as primary legislation. Legislatures observe and steer governing actions and have exclusive authority to amend the budget or budgets involved in the process; the members of a legislature are called legislators. In a democracy, legislators are most popularly elected, although indirect election and appointment by the executive are used for bicameral legislatures featuring an upper chamber. Names for national legislatures include "parliament", "congress", "diet", "assembly", depending on country; each chamber of the legislature consists of a number of legislators who use some form of parliamentary procedure to debate political issues and vote on proposed legislation. There must be a certain number of legislators present to carry out these activities; some of the responsibilities of a legislature, such as giving first consideration to newly proposed legislation, are delegated to committees made up of a few of the members of the chamber.
The members of a legislature represent different political parties. Legislatures vary in the amount of political power they wield, compared to other political players such as judiciaries and executives. In 2009, political scientists M. Steven Fish and Matthew Kroenig constructed a Parliamentary Powers Index in an attempt to quantify the different degrees of power among national legislatures; the German Bundestag, the Italian Parliament, the Mongolian State Great Khural tied for most powerful, while Myanmar's House of Representatives and Somalia's Transitional Federal Assembly tied for least powerful. Some political systems follow the principle of legislative supremacy, which holds that the legislature is the supreme branch of government and cannot be bound by other institutions, such as the judicial branch or a written constitution; such a system renders the legislature more powerful. In parliamentary and semi-presidential systems of government, the executive is responsible to the legislature, which may remove it with a vote of no confidence.
On the other hand, according to the separation of powers doctrine, the legislature in a presidential system is considered an independent and coequal branch of government along with both the judiciary and the executive. Legislatures will sometimes delegate their legislative power to administrative or executive agencies. Legislatures are made up of individual members, known as legislators. A legislature contains a fixed number of legislators. For example, a legislature that has 100 "seats" has 100 members. By extension, an electoral district that elects a single legislator can be described as a "seat", as, example, in the phrases "safe seat" and "marginal seat". A legislature may debate and vote upon bills as a single unit, or it may be composed of multiple separate assemblies, called by various names including legislative chambers, debate chambers, houses, which debate and vote separately and have distinct powers. A legislature which operates as a single unit is unicameral, one divided into two chambers is bicameral, one divided into three chambers is tricameral.
In bicameral legislatures, one chamber is considered the upper house, while the other is considered the lower house. The two types are not rigidly different, but members of upper houses tend to be indirectly elected or appointed rather than directly elected, tend to be allocated by administrative divisions rather than by population, tend to have longer terms than members of the lower house. In some systems parliamentary systems, the upper house has less power and tends to have a more advisory role, but in others presidential systems, the upper house has equal or greater power. In federations, the upper house represents the federation's component states; this is a case with the supranational legislature of the European Union. The upper house may either contain the delegates of state governments – as in the European Union and in Germany and, before 1913, in the United States – or be elected according to a formula that grants equal representation to states with smaller populations, as is the case in Australia and the United States since 1913.
Tricameral legislatures are rare. Tetracameral legislatures no longer exist, but they were used in Scandinavia. Legislatures vary in their size. Among national legislatures, China's National People's Congress is the largest with 2 980 members, while Vatican City's Pontifical Commission is the smallest with 7. Neither legislature is democratically elected: the National People's Congress is indirectly elected. Legislature size is a trade off between representation. Comparative analysis of national legislatures has found that size of a country's lower house tends to be proportional to the cube root of its population.
Haiti the Republic of Haiti and called Hayti, is a country located on the island of Hispaniola, east of Cuba in the Greater Antilles archipelago of the Caribbean Sea. It occupies the western three-eighths of the island. Haiti is 27,750 square kilometres in size and has an estimated 10.8 million people, making it the most populous country in the Caribbean Community and the second-most populous country in the Caribbean as a whole. The region was inhabited by the indigenous Taíno people. Spain landed on the island on 5 December 1492 during the first voyage of Christopher Columbus across the Atlantic; when Columbus landed in Haiti, he had thought he had found India or China. On Christmas Day 1492, Columbus's flagship the Santa Maria ran aground north of what is now Limonade; as a consequence, Columbus ordered his men to salvage what they could from the ship, he created the first European settlement in the Americas, naming it La Navidad after the day the ship was destroyed. The island was claimed by Spain, which ruled until the early 17th century.
Competing claims and settlements by the French led to the western portion of the island being ceded to France, which named it Saint-Domingue. Sugarcane plantations, worked by slaves brought from Africa, were established by colonists. In the midst of the French Revolution and free people of color revolted in the Haitian Revolution, culminating in the abolition of slavery and the defeat of Napoleon Bonaparte's army at the Battle of Vertières. Afterward the sovereign state of Haiti was established on 1 January 1804—the first independent nation of Latin America and the Caribbean, the second republic in the Americas, the only nation in the world established as a result of a successful slave revolt; the rebellion that began in 1791 was led by a former slave and the first black general of the French Army, Toussaint Louverture, whose military genius and political acumen transformed an entire society of slaves into an independent country. Upon his death in a prison in France, he was succeeded by his lieutenant, Jean-Jacques Dessalines, who declared Haiti's sovereignty and became the first Emperor of Haiti, Jacques I.
The Haitian Revolution lasted just over a dozen years. The Citadelle Laferrière is the largest fortress in the Americas. Henri Christophe—former slave and first king of Haiti, Henri I—built it to withstand a possible foreign attack, it is a founding member of the United Nations, Organization of American States, Association of Caribbean States, the International Francophonie Organisation. In addition to CARICOM, it is a member of the International Monetary Fund, World Trade Organization, the Community of Latin American and Caribbean States, it has the lowest Human Development Index in the Americas. Most in February 2004, a coup d'état originating in the north of the country forced the resignation and exile of President Jean-Bertrand Aristide. A provisional government took control with security provided by the United Nations Stabilization Mission in Haiti; the name Haiti comes from the indigenous Taíno language, the native name given to the entire island of Hispaniola to mean, "land of high mountains."
The h is silent in French and the ï in Haïti has a diacritical mark used to show that the second vowel is pronounced separately, as in the word naïve. In English, this rule for the pronunciation is disregarded, thus the spelling Haiti is used. There are different anglicizations for its pronunciation such as HIGH-ti, high-EE-ti and haa-EE-ti, which are still in use, but HAY-ti is the most widespread and best-established; the name was restored by Haitian revolutionary Jean-Jacques Dessalines as the official name of independent Saint-Domingue, as a tribute to the Amerindian predecessors. In French, Haiti's nickname is the "Pearl of the Antilles" because of both its natural beauty, the amount of wealth it accumulated for the Kingdom of France. At the time of European conquest, the island of Hispaniola, of which Haiti occupies the western three-eighths, was one of many Caribbean islands inhabited by the Taíno Native Americans, speakers of an Arawakan language called Taino, preserved in the Haitian Creole language.
The Taíno name for the entire island was Haiti. The people had migrated over centuries into the Caribbean islands from South America. Genetic studies show, they originated in Central and South America. After migrating to Caribbean islands, in the 15th century, the Taíno were pushed into the northeast Caribbean islands by the Caribs. In the Taíno societies of the Caribbean islands, the largest unit of political organization was led by a cacique, or chief, as the Europeans understood them; the island of Haiti was divided among five Caciquats: the Magua in the north east, the Marien in the north west, the Xaragua in the south west, the Maguana in the center region of Cibao and the Higuey in the south east. The caciquedoms were tributary kingdoms, with payment consisting of harvests. Taíno cultural artifacts include cave paintings in several locations in the country; these have become national symbols of tourist attractions. Modern-day Léogane started as a French colonial town in the southwest, is beside the former capital of the caciquedom of Xaragua.
Constitution of Haiti
The Constitution of Haiti was modeled after the constitutions of the United States and France. The document was approved by Parliament in March 2011 and came into effect on June 20, 2012. A total of 23 constitutions have been promulgated throughout Haiti's history, the first of, promulgated under the short-lived government of then-Governor-General Toussaint L'Ouverture, who had become the leader of the revolutionary forces in the Haitian Revolution. Constitution of Saint-Domingue. Established Toussaint as Governor for Life and gave him the right to select his successor Provided a mechanism to overthrow any governor avoiding election. Abolished slavery and racial restrictions on employment, but upheld fermage and restrictions on movement. Estates abandoned by their owners during the revolution to be held and operated in trust by the government, but not nationalized. Banned free assembly, all religions other than Catholicism and any imports in competition with local manufactures. Constitution of 1804 Constitution of Hayti.
First constitution of Haiti proper. Created a non-hereditary empire under Dessalines; this constitution provided for freedom of religion, banned most whites from citizenship or owning land in Haiti, declared all citizens "black" in an effort to end racism based on lightness of skin. Constitution of 1806, for the southern Republic of Haiti, written by Alexandre Pétion. Constitution of 1807 formalized a northern State of Haiti with Christophe as its President for Life and a small appointed Council of State, composed of generals. Banned divorce and public exercise of any religion other than Catholicism, suspended operation of the constitution at any location attended by the army. Unusual in its omission of any prohibition against white ownership of land. Constitution of 1811 for the northern State of Haiti, establishing a hereditary monarchy under Christophe. Again, prohibition against white ownership of land was omitted. Revision of the Haitian Constitution of 1806. Created a bicameral legislature of a House of Representatives and a Senate, established Pétion as President for Life, restricted the legislature to only consider bills proposed by the president, provided for laws by presidential order, except for taxation.
The Senate was no longer directly elected, but selected by the lower house from a list of nominees provided by the president. This constitution provided automatic Haitian citizenship to any black, Indian, or person of mixed race who resided in the nation for more than a year. Constitution of 1843 under Charles Rivière-Hérard. Constitution of 1816 restored by Jean-Baptiste Riché. Constitution of 1849. Re-established Haïti as an empire under Faustin I. Constitution of 1874 under Michel Domingue. Granted the executive had the power to dissolve the Chambers and to establish a Council of State to aid the Government. Power was given to the president for one year to change the magistrates. Constitution of 1879 Constitution of 1889 Constitution of 1902 Constitution of 1918, acclaimed by U. S.-backed plebiscite: 98,225 for, 769 against. Constitution of 1932 Constitution of 1935. Anti-democratic. Allowed Sténio Vincent broad powers, including the ability to succeed himself. Constitution of 1932 reinstated Constitution of 1946, Nov. 22.
Constitution of Dumarsais Estime. Heinl, p. 552. Constitution of 1950. Enfranchised women. Constitution of 1957. Constitution of 1964. Established François Duvalier as President for Life. Established a unicameral Legislature of 58 deputies. Constitution of 1983 Constitution of 1987. Banned dual citizenship restricting Haitian-Americans from running for president in Haiti. Was ratified in March 1987, but it was suspended from June 1988 to March 1989 and was only reinstated in October 1994. Constitution of 2012. In force. Re-legalizes dual citizenship, allows for Haitians living abroad to own land and run for Haitian political office. Demands the establishment of a permanent constitutional court to resolve disputes between Parliament and the executive, a new permanent electoral council to replace the provisional CEP, that 30 percent of government jobs be held by women. Haitian constitutional referendums: 1918, 1928, 1935, 1939, 1964, 1971, 1985, 1987 1987 Constitution of Haïti - Haiti.org's copy in English
2006 Haitian general election
The 2006 elections in Haiti, to replace the interim government of Gérard Latortue put in place after the 2004 Haiti rebellion, were delayed four times after having been scheduled for October and November 2005. The elections took place on February 7, 2006, with turnout of around 60%. All 99 seats in the Chamber of Deputies of Haiti and all 30 seats in the Senate of Haiti were contested. Run-off elections for the Chamber of Deputies of Haiti were held on 21 April 2006, with around 28% turnout. According to official statistics, René Préval of the Lespwa coalition led the count for President with 48.8% of the vote, less than the 50% needed to be declared elected on the first round. Préval spoke of fraud, voting bags and marked ballots found in a garbage dump triggered street protests by his supporters; the United Nations Mission in Haiti spoke of an "apparent grave breach of the electoral process". On 16 February, following meetings between the electoral council and the interim government, it was agreed that blank ballots would be excluded from the percentage calculations, resulting in a total vote for Preval of 51.1%.
A second round of voting for President was thus avoided. The election process saw many controversies, including threats to boycott by one of the major political parties, ongoing political violence, one candidate being declared ineligible despite a Supreme Court decision; the elections took place as Haiti was under the occupation of MINUSTAH, a multi-national U. N. force established by the Security Council which started operations in June 2004. On election day, due to many organizational problems, a shortage of election workers, missing ballots, long line-ups, the voting hours were extended by at least two hours. There are many reasons. Due to a lack of funding, election officials were not able to meet the voter registration deadline set for early August. In addition there was considerable unrest in parts of Haiti the Port-au-Prince slums where there were attacks on the new government, where the U. N. and the Haitian National Police have been accused of committing massacres and targeted killings of anti-occupation protesters and organizers.
However, the inability to register voters in the time allocated was the primary reason for the extensions. There was concern that only 800-900 voting stations would be placed throughout Haiti, in comparison to the many thousands of stations that existed during the previous election. On January 25, 2006, Haiti's election authorities announced that no voting stations would be placed in Cité Soleil, an impoverished area which holds between three and six hundred thousand residents and has been controlled by informal armies professing allegiance to Aristide. Elections in Haiti were scheduled to take place starting on October 9, 2005 with the municipal election, followed by national elections on November 13, 2005, a second round on December 18. In August the electoral council decided to move the municipal elections to an undetermined date in late December to allow for more focus to be placed on meeting the November 6 date for presidential elections. On September 7 the dates were again changed, this time for the presidential elections.
The first round of voting was moved back to November 20 and the second round on January 3, 2006. On November 18 the date for presidential and legislative elections were postponed for the third time. On November 25, the date was set again, making this the fourth time total; the election is being postponed yet again but a date has not yet been announced, although February 7, 2006 is reported to be the date for the first round. The municipal elections which were set to be held on December 11, 2005, have been postponed to March 5, 2006; when announced they will be the fifth set of election dates for a new government since July. The hand-over of power to the elected government was set for February 7, 2006, but this date has been pushed back, without an official new date being given; the first round of elections for president and parliament was held on 7 February 2006. Runoff elections for Chamber of Deputies of Haiti were held on April 21. Two opinion polls were taken in November 2005; the first to be released was the poll taken by CID Gallup, a Latin American polling group with close ties to U.
S. based Gallup. The second polling was taken by a political consulting firm, The Democracy Group, on behalf of the National Organization for the Advancement of Haitians, a group for the restoration of democracy in Haiti, of which Dumarsais Siméus is a member. CID-Gallup NOAH-TDG Thirty five presidential candidates appeared in the ballot. Among the more known figures were René Préval, a former prime minister and president, a Lavalas member. Préval is a former president of Haiti who served from 1996 to 2000, he is the second president of Haiti to leave office due to the natural expiration of his term. Préval was in exile during the latter years of the dictatorship of Jean-Claude Duvalier but returned to work in charitable organizations after Duvalier's fall, he served as Prime Minister under Aristide during his first term, until the military coup d'état that overthrew Aristide in 1991. In 1996 he was elected president under the Fanmi Lavalas party and served out his term ending in 2001. Under his previous administration Préval was a big reformer, most notably in the privatization of government com