The History of Cuba, vol. 4Johnson, Willis Fletcher
History
The History of Cuba, vol. 4
Johnson, Willis Fletcher
Cuba -- Economic conditions; Cuba -- History
ART. 36. The enumeration of the rights expressly guaranteed by this
Constitution does not exclude other rights based upon the principle of
the sovereignty of the people and the republican form of Government.
ART. 37. The laws regulating the exercise of the rights which this
Constitution guarantees shall be null and void if said rights are
abridged, restricted, or adulterated by them.
SECTION SECOND
RIGHT OF SUFFRAGE
ART. 38. All Cubans of the masculine sex, over twenty-one years of age,
have the right of suffrage, except the following:
1. Those who are inmates of asylums.
2. Those judicially declared to be mentally incapacitated.
3. Those judicially deprived of civil rights on account of crime.
4. Those serving in the land or naval forces of the Republic when in
active service.
ART. 39. The laws shall establish rules and methods of procedure to
guarantee the intervention of the minorities in the preparation of the
census of electors, and in all other electoral matters, and its
representation in the House of Representatives and in the provincial and
municipal councils.
SECTION THIRD
SUSPENSION OF CONSTITUTIONAL GUARANTIES
ART. 40. The guaranties established in articles 15, 16, 17, 19, 22, 23,
24, and 27, section first of this title, shall not be suspended either
in the whole Republic, or in any part thereof, except temporarily and
when the safety of the state may require it, in cases of invasion of the
territory or of serious disturbances that may threaten public peace.
ART. 41. The territory in which the guaranties mentioned in the
preceding article are suspended shall be ruled during the period of
suspension according to the law of public order which may have been
previously enacted. But neither the said law, nor any other, shall order
the suspension of other guaranties not mentioned in the said article.
Nor shall any new offenses be created, or new penalties not established
by the law which was in force at the time of the suspension, be ordered
to be inflicted during the same.
The executive power is hereby forbidden to exile or expel from the
country any citizen thereof, or compel him to reside at any other place
farther than one hundred and twenty kilometers from his domicile. Nor
shall it detain any citizen for more than ten days, without delivering
him to the judicial authorities, or repeat the detention during the time
of the suspension of guaranties. The detained individuals shall be kept
in special departments in the public establishments destined for the
detention of prisoners charged with common offenses.
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