1994 reform of the Argentine Constitution
Encyclopedia
The 1994 amendment
to the Constitution of Argentina
was approved on 22 August by a Constitutional Assembly that met in the twin cities of Santa Fe
and Paraná. The calling for elections for the Constitutional Convention and the main issues to be decided were agreed in 1993
between President
Carlos Saúl Menem, and former president and leader of the opposition, Raúl Alfonsín
.
(traditional seat of constitutional conventions) and Paraná, the reform of 43 articles was finally approved in Santa Fe. The deliberations did not end without altercations; for instance, Monsignor
Jaime de Nevares resigned to his seat claiming the convention to be "vitiated with absolute nullity".
" (injunctions), "hábeas corpus
" and "hábeas data
". "Amparo" gives the possibility to any person to request that a judge declare the unconstitutionality of an act or ruling on which an action or omission of public authorities or private individuals is based that, in an actual or imminent manner, causes damage or restrains a right recognized by the Constitution, the law or an international treaty. This action requires that no other effective judicial mean be available. "Hábeas corpus" is an action that can be filled to protect the right of physical freedom when it is threatened, limited, modified or injured, or in case of illegitimate aggravation of conditions of detention. "Hábeas data" is an action that can be filled by any individual to take notice of any information referred to him, registered in public or private registers, and to request its suppression, rectification, confidentiality or updating.
Another innovation introduced by the 1994 amendment is that citizens can introduce bills before the House of Deputies that must be considered by Congress within the next twelve months. We must also mention the recognition of the right of every inhabitant to a healthy environment in article 41 that establishes that
From another point of view there are precise provisions referring to: protection of consumers rights, defense of competitions, control of natural or legal monopolies and of public services quality and efficiency.
Constitutional amendment
A constitutional amendment is a formal change to the text of the written constitution of a nation or state.Most constitutions require that amendments cannot be enacted unless they have passed a special procedure that is more stringent than that required of ordinary legislation...
to the Constitution of Argentina
Constitution of Argentina
The constitution of Argentina is one of the primary sources of existing law in Argentina. Its first version was written in 1853 by a Constitutional Assembly gathered in Santa Fe, and the doctrinal basis was taken in part from the United States Constitution...
was approved on 22 August by a Constitutional Assembly that met in the twin cities of Santa Fe
Santa Fe, Argentina
Santa Fe is the capital city of province of Santa Fe, Argentina. It sits in northeastern Argentina, near the junction of the Paraná and Salado rivers. It lies opposite the city of Paraná, to which it is linked by the Hernandarias Subfluvial Tunnel. The city is also connected by canal with the...
and Paraná. The calling for elections for the Constitutional Convention and the main issues to be decided were agreed in 1993
Pacto de Olivos
The Olivos Pact refers to a series of documents signed on November 17, 1993, between the governing President of Argentina, Carlos Menem, and former President and leader of the opposition UCR, Raúl Alfonsín, that formed the basis of the constitutional reform of 1994...
between President
President of Argentina
The President of the Argentine Nation , usually known as the President of Argentina, is the head of state of Argentina. Under the national Constitution, the President is also the chief executive of the federal government and Commander-in-Chief of the armed forces.Through Argentine history, the...
Carlos Saúl Menem, and former president and leader of the opposition, Raúl Alfonsín
Raúl Alfonsín
Raúl Ricardo Alfonsín was an Argentine lawyer, politician and statesman, who served as the President of Argentina from December 10, 1983, to July 8, 1989. Alfonsín was the first democratically-elected president of Argentina following the military government known as the National Reorganization...
.
Ratification
On August 22, after three months of deliberations in the cities of Santa FeSanta Fe, Argentina
Santa Fe is the capital city of province of Santa Fe, Argentina. It sits in northeastern Argentina, near the junction of the Paraná and Salado rivers. It lies opposite the city of Paraná, to which it is linked by the Hernandarias Subfluvial Tunnel. The city is also connected by canal with the...
(traditional seat of constitutional conventions) and Paraná, the reform of 43 articles was finally approved in Santa Fe. The deliberations did not end without altercations; for instance, Monsignor
Monsignor
Monsignor, pl. monsignori, is the form of address for those members of the clergy of the Catholic Church holding certain ecclesiastical honorific titles. Monsignor is the apocopic form of the Italian monsignore, from the French mon seigneur, meaning "my lord"...
Jaime de Nevares resigned to his seat claiming the convention to be "vitiated with absolute nullity".
Main points
Amongst the most important points of the reform are:- The International legislation on Human rightsHuman rightsHuman rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
, and every other International TreatyTreatyA treaty is an express agreement under international law entered into by actors in international law, namely sovereign states and international organizations. A treaty may also be known as an agreement, protocol, covenant, convention or exchange of letters, among other terms...
ratified or to be ratified by Argentina, was deemed to hold an equal stand with the rest of the Constitution. - The length of the presidentialPresident of ArgentinaThe President of the Argentine Nation , usually known as the President of Argentina, is the head of state of Argentina. Under the national Constitution, the President is also the chief executive of the federal government and Commander-in-Chief of the armed forces.Through Argentine history, the...
term was shortened from six to four years. The reelection of the president and the vice-president was allowed for one consecutive term, and the requirement for the president to be a Roman CatholicRoman Catholic ChurchThe Catholic Church, also known as the Roman Catholic Church, is the world's largest Christian church, with over a billion members. Led by the Pope, it defines its mission as spreading the gospel of Jesus Christ, administering the sacraments and exercising charity...
was removed. - The presidential electionsElections in ArgentinaThis articles gives information on voting, elections and election results in Argentina. For details about government institutions and political parties, see Politics of Argentina....
, formerly by the indirect vote of an electoral collegeElectoral collegeAn electoral college is a set of electors who are selected to elect a candidate to a particular office. Often these represent different organizations or entities, with each organization or entity represented by a particular number of electors or with votes weighted in a particular way...
became a direct election, with a modified ballotageTwo-round systemThe two-round system is a voting system used to elect a single winner where the voter casts a single vote for their chosen candidate...
system. - The terms of senatorsArgentine SenateThe Argentine Senate is the upper house of the Argentine National Congress. It has 72 senators: three for each province and three for the Autonomous City of Buenos Aires...
were also shortened, from nine to six years. It was also established that every district was to elect three senators (from previous two) by direct elections (instead of being elected by provincial legislatures). - The capital city, Buenos AiresBuenos AiresBuenos Aires is the capital and largest city of Argentina, and the second-largest metropolitan area in South America, after São Paulo. It is located on the western shore of the estuary of the Río de la Plata, on the southeastern coast of the South American continent...
, was given the special status of Autonomous CityAutonomous cityAutonomous city is a type of administrative division.-Argentina:The 1994 amendment of the Argentine Constitution granted Buenos Aires city, formerly a federal district of Argentina, the status of autonomous, and changed its formal name to Autonomous City of Buenos Aires .Another large city that is...
(Ciudad Autónoma), and its population was given the right to elect a Chief of Government (i.e. Mayor). - The doctrine of the de facto governments was repealed, and it was established that any further attempt at breaking the constitutional order was to be deemed illegal, as severe penalties were to be established for the perpetrators and the right to resist a coup d'état was validated.
- The office of Chief of the Cabinet of MinistersChief of the Cabinet of MinistersThe Chief of the Cabinet of Ministers is a political office of Argentina, created by the 1994 amendment of the Argentine Constitution. The current office holder is Aníbal Fernández.-Attributions:...
was established, in the intention of atenuate the strong Presidentialist character of the Argentine government - An independent institution, called Judiciary Council , was established with mandate to administrate, regulate and control the functioning of the judiciary, to select the candidates for Federal Justicies, and to initiate impeachments to depose them. It is composed of members from both houses of the National Congress, officials selected by the President, and representatives from the lawyers, the judges and the Academy.
- The issuing of Necessity and Urgency DecreeNecessity and Urgency DecreeA Necessity and Urgency Decree is a special kind of order issued by the President of Argentina. Unlike regular decrees, which are used in Argentina for rulemaking, a DNU has the force of law...
s was regulated. - An independent office, the ombudsmanOmbudsmanAn ombudsman is a person who acts as a trusted intermediary between an organization and some internal or external constituency while representing not only but mostly the broad scope of constituent interests...
, was created.
Other specific provisions
In order to provide an effective protection to individual rights, the 1994 amendment has introduced actions called: "amparoAmparo (law)
The writ of amparo is a remedy for the protection of constitutional rights, found in certain jurisdictions...
" (injunctions), "hábeas corpus
Habeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
" and "hábeas data
Habeas Data
Habeas data is a writ and constitutional remedy available in certain nations. The literal translation from Latin of habeas data is “[we command] you have the data”...
". "Amparo" gives the possibility to any person to request that a judge declare the unconstitutionality of an act or ruling on which an action or omission of public authorities or private individuals is based that, in an actual or imminent manner, causes damage or restrains a right recognized by the Constitution, the law or an international treaty. This action requires that no other effective judicial mean be available. "Hábeas corpus" is an action that can be filled to protect the right of physical freedom when it is threatened, limited, modified or injured, or in case of illegitimate aggravation of conditions of detention. "Hábeas data" is an action that can be filled by any individual to take notice of any information referred to him, registered in public or private registers, and to request its suppression, rectification, confidentiality or updating.
Another innovation introduced by the 1994 amendment is that citizens can introduce bills before the House of Deputies that must be considered by Congress within the next twelve months. We must also mention the recognition of the right of every inhabitant to a healthy environment in article 41 that establishes that
From another point of view there are precise provisions referring to: protection of consumers rights, defense of competitions, control of natural or legal monopolies and of public services quality and efficiency.