Constitution of Argentina
Encyclopedia
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
. It was then reformed in 1860, 1866, 1898, 1949, 1957 (which mainly derogated the 1949 reform), and the present version is the reformed text of 1994
.
The first attempt to divide political power in Argentina
was during the government created after the May Revolution
: the Primera Junta
could not create new taxes without the Cabildos authorization.
Many revolutionary leaders, led by Mariano Moreno
, wanted to declare independence immediately and to make a constitution in order to build an independent state. In October 1811, the Junta Grande
, which succeeded the Primera Junta, enacted the Regulation for the Division of Power, but it was not accepted by the executive power
. Nevertheless, the freedom of press and the Decree on Individual Security were accepted by November.
In 1813, the General Constitutional Assembly
was intended to declare a constitution but it could only declare the freedom for slaves' sons.
In 1819 and 1826 were declared two constitutions that eventually failed because of the disagreement between Federals
and Centralists
.
Many other constitutional pacts existed between 1820 and 1853 (when the current Argentine Constitution was enacted). The most important of them are: the Treaty of Pilar
(1820), the Treaty of the Cuadrilátero (1822), the Federal Pact
(1831), the Palermo Protocol (1852), and the Treaty of San Nicolás
(1852).
The Federal Pact
urged all the provinces to call a General Federal Congress, however this would have limited Juan Manuel de Rosas
's power who was the most powerful province governor, so the Congress was never called.
When Rosas was defeated, in 1852, the Treaty of San Nicolás
finally called the Constitutional Congress that, in Santa Fe, on May 1, 1853, sworn to make effective the federal Constitution. Consequently, the Province of Buenos Aires
left the Argentine Confederation
until 1859.
The following reform was done in 1866 and established that exportation and importation taxes would be destined to the National Treasury indefinitely, no longer until 1866 as the 1860 reform did.
In 1898, another minor constitutional amendment was approved. It allowed a more flexible ratio for proportional apportionment in the Chamber of Deputies
and set the number of ministries to eight.
1949 reform during Juan Domingo Perón's government was a major revision of the constitution. Its goal was to modernize and adapt the text to the twentieth century's concepts of democracy, as for example, including a list of social rights including better working conditions for the working class, right to good education, etc. This also was included into the principles stated on the Preamble. Also, it permitted the indefinite reelection of the president.
During the military regime known as the Revolución Libertadora
that had deposed Perón's government in 1955, in 1957 and before the elections that had to be held on 1958, a Constitutional Convention was elected to reform the constitution. This reform does not include 1949's, implicitly annulling it so the text was based on the 1898 one. The only changes done were to include a summary of Perón's social articles known as article 14 bis (existing currently) and to establish the necessity to have a Labour and Social Security Code.
In 1972, a "Constitutional Amendment" done by the military government led by general Alejandro A. Lanusse reformed the 1957 text. This had to last until 1977 but its application could be extended until 1981 if no Constitutional Convention in 1976 decided either to accept it or reject it definitively. This amendment was not fully applied by the democratic government of Perón in his third term nor by his wife Isabel Perón acting as President after his death. Some changes were related to the size of Senate and one-term reelection of president and vice-president. Also reduced presidential, senatorial and deputies' terms all to four years.
The last (and current) version of the Argentine Constitution was done by Carlos Saúl Menem in 1994. It included many of the modifications from the 1972 "amendment" as the growth of the Senate size (three per Province), one-term presidential reelection and reduction of its term to four years. It also made Buenos Aires City
an autonomous entity
with its own authorities. Other changes were done to ensure a softer presidentialist regime, the inclusion of a new chapter into the Bill of Rights related to politics, health and environment, and also the adoption of a much faster legislative procedure for creating laws.
Second Division Of the Executive Power (21 sections)
Second Chapter Of the way and time of the election of the President and
Third Chapter Powers of the Executive Branch (1 sections sub-divided 20 times)
Fourth Chapter Of the ministers (8 sections, of which one is sub-divided 13 times)
Third Division Of the Judicial Power (12 sections)
Fourth Section Of the Office of the Public Prosecution (1 sections)
Second Title Provincial Governments (9 sections)
Transitorial Provisions
The Preamble of the Argentine Constitution states or implies, in short terms, a number of starting points for the conception of the nation, such as a representative government. It acknowledges previous agreements to create a constitution (in order to legitimize the gathering of the Assembly). Finally, it lays the foundations for the policy of support of immigration, by asking "for the protection of God
, source of all reason and justice" for all people who desire to inhabit Argentina.
Civil rights are recognized to all inhabitants with no distinction of nationality. This is a consequence of the traditional interest of Argentina in the affluence of foreigners and foreign investment. Labor rights are also acknowledged (this is part of the legacy of Peronism
, resulting in the 1949 and 1957 reforms). These include limited labor day, just salary, right of organization, social security benefits, etc.
The constitution declares that no one can be deprived of property, except in case of judicial sentence based on previously enacted legislation, or through expropriation for reasons of public utility, dully qualified by law and previously indemnified. The person, its judicial defense, its domicile and correspondence are inviolable.
What the law does not forbid is permitted. Individuals have complete freedom to do or refuse to do anything in private, except if that interferes with public order or morality, or causes damage to third parties.
The 1994 reform introduces several new legal figures: amparo judicial (an injunction
), habeas corpus and habeas data. Injunctions are destined to protect citizens from actual or imminent damage; habeas corpus (known for a long time to Argentine jurisprudence, and related to the habeas corpus
of Common Law
) is to protect the citizen's physical freedom; and habeas data is a person's right to access information about himself or herself, and request its confidentiality, a change or a suppression.
The Argentine Constitution's rights are divided in four groups: Civil, patrimonial, politic and social.
Most of Guarantees are in the sections 18 and 43, between these are: habeas corpus, the abolition of death penalty and torture.
In Argentina
, Freedom is one of the most important rights. Section 19 says that private actions of men that don't harm the public order or another man can not be judged by authorities. Moreover, it holds the "principle of legality": No inhabitant of the Nation will be forced to do what the law doesn't order nor forbidden to do what the law doesn't forbid.
Equality is as important as freedom. Section 16 states that in the country there are no noble titles and "all its inhabitants are equal before the law"
republic
, divided in provinces
, municipalities
, and the Autonomous City of Buenos Aires
. Each province has the right and duty to dictate its own constitution, respecting the same principles as the national constitution.
The Constitution mandates a strict separation of government powers, into three branches (Executive, Legislative, and Judicial) and the Public Ministry.
(Art. 87). The Vice-president replaces the President in case of illness, absence from the capital, death, resignation, or removal.
The Vice-President doesn't belong to the executive branch. Curiously, it belongs to the legislative branch since he is also the president of the senate. (Art. 57)
The President promulgates the laws sanctioned by Congrees, and has veto power over them. The President directs international relations and is the Commander in Chief of the Army. In some cases, the President can issue emergency decrees
.
, the Lower House) and Cámara de Senadores (Senate
, the Upper House).
The Vice-President belongs in the Legislative Branch since he (or she) is also the President of the Senate Chamber.
The General Auditing Office of the Nation is a technical advisory body of Congress with functional autonomy.
The Ombudsman is an independent body which works without receiving instructions from any authority. The mission of the Ombudsman is the defense and protection of human rights, civil rights and guarantees, and the control of the Administration.
It is composed of an Attorney General of the Nation and an Ombudsman General of the Nation, and such other members as the law may establish.
Law of Argentina
The Legal system of Argentina is a Civil law legal system. The two pillars of the Civil system are the Constitution of Argentina and the Civil Code of Argentina ....
. Its first version
Argentine Constitution of 1853
The Argentine Constitution of 1853 was the first constitution of Argentina, approved with the support of the governments of the provinces —though without that of the Buenos Aires Province, who remained separated of the Argentine Confederation until 1859, after several modifications to the...
was written in 1853 by a Constitutional Assembly gathered in 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 the doctrinal basis was taken in part from the United States Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
. It was then reformed in 1860, 1866, 1898, 1949, 1957 (which mainly derogated the 1949 reform), and the present version is the reformed text of 1994
1994 reform of the Argentine Constitution
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...
.
History
Argentina
Argentina , officially the Argentine Republic , is the second largest country in South America by land area, after Brazil. It is constituted as a federation of 23 provinces and an autonomous city, Buenos Aires...
was during the government created after the May Revolution
May Revolution
The May Revolution was a week-long series of events that took place from May 18 to 25, 1810, in Buenos Aires, capital of the Viceroyalty of the Río de la Plata, a Spanish colony that included roughly the territories of present-day Argentina, Bolivia, Paraguay and Uruguay...
: the Primera Junta
Primera Junta
The Primera Junta or First Assembly is the most common name given to the first independent government of Argentina. It was created on 25 May 1810, as a result of the events of the May Revolution. The Junta initially had representatives from only Buenos Aires...
could not create new taxes without the Cabildos authorization.
Many revolutionary leaders, led by Mariano Moreno
Mariano Moreno
Mariano Moreno was an Argentine lawyer, journalist, and politician. He played a decisive role in the Primera Junta, the first national government of Argentina, created after the May Revolution....
, wanted to declare independence immediately and to make a constitution in order to build an independent state. In October 1811, the Junta Grande
Junta Grande
Junta Grande is the most common name for the executive government of the United Provinces of the Río de la Plata , that followed the incorporation of provincial representatives into the Primera Junta .- Origin :...
, which succeeded the Primera Junta, enacted the Regulation for the Division of Power, but it was not accepted by the executive power
First Triumvirate (Argentina)
The First Triumvirate was the executive body of government that replaced the Junta Grande in the United Provinces of the Río de la Plata...
. Nevertheless, the freedom of press and the Decree on Individual Security were accepted by November.
In 1813, the General Constitutional Assembly
Asamblea del Año XIII
The Assembly of Year XIII was a meeting called by the Second Triumvirate governing the young republic of the United Provinces of the Río de la Plata on October 1812....
was intended to declare a constitution but it could only declare the freedom for slaves' sons.
In 1819 and 1826 were declared two constitutions that eventually failed because of the disagreement between Federals
Federales (Argentina)
Federales was the name under which the supporters of federalism in Argentina were known, opposing the Unitarios that claimed a centralised government of Buenos Aires Province, with no participation of the other provinces of the custom taxes benefits of the Buenos Aires port...
and Centralists
Unitarian Party
Unitarianists or Unitarians were the proponents of the concept of a Unitary state in Buenos Aires during the civil wars which shortly followed the Declaration of Independence of Argentina in 1816. They were opposed to the Argentine Federalists, who wanted a federation of independent provinces...
.
Many other constitutional pacts existed between 1820 and 1853 (when the current Argentine Constitution was enacted). The most important of them are: the Treaty of Pilar
Treaty of Pilar
The Treaty of Pilar was a pact signed among the rulers of the Argentine provinces of Santa Fe, Entre Ríos and Buenos Aires, which is recognized as the foundation of the federal organization of the country...
(1820), the Treaty of the Cuadrilátero (1822), the Federal Pact
Pacto Federal
The Federal Pact was a treaty first signed by the Argentine provinces of Buenos Aires, Entre Ríos and Santa Fe on 4 January 1831, for which a Federal military alliance was created to confront the Unitarian Liga Unitaria...
(1831), the Palermo Protocol (1852), and the Treaty of San Nicolás
San Nicolás Agreement
The San Nicolás Agreement was a pact signed on May 31, 1852 and subscribed by all but one of the 14 provinces of the United Provinces of the River Plate . The treaty consisted of 19 articles, and its goal was to set the bases for the national organization of the young Argentine state...
(1852).
The Federal Pact
Pacto Federal
The Federal Pact was a treaty first signed by the Argentine provinces of Buenos Aires, Entre Ríos and Santa Fe on 4 January 1831, for which a Federal military alliance was created to confront the Unitarian Liga Unitaria...
urged all the provinces to call a General Federal Congress, however this would have limited Juan Manuel de Rosas
Juan Manuel de Rosas
Juan Manuel de Rosas , was an argentine militar and politician, who was elected governor of the province of Buenos Aires in 1829 to 1835, and then of the Argentine Confederation from 1835 until 1852...
's power who was the most powerful province governor, so the Congress was never called.
When Rosas was defeated, in 1852, the Treaty of San Nicolás
San Nicolás Agreement
The San Nicolás Agreement was a pact signed on May 31, 1852 and subscribed by all but one of the 14 provinces of the United Provinces of the River Plate . The treaty consisted of 19 articles, and its goal was to set the bases for the national organization of the young Argentine state...
finally called the Constitutional Congress that, in Santa Fe, on May 1, 1853, sworn to make effective the federal Constitution. Consequently, the Province of Buenos Aires
Buenos Aires Province
The Province of Buenos Aires is the largest and most populous province of Argentina. It takes the name from the city of Buenos Aires, which used to be the provincial capital until it was federalized in 1880...
left the Argentine Confederation
Argentine Confederation
The Argentine Confederation is one of the official names of Argentina, according to the Argentine Constitution, Article 35...
until 1859.
Reforms to the 1853 Constitution
The first constitutional amendment to the original 1853 text was performed in 1860 after Buenos Aires rejoined the Argentine Confederation. It consisted of several changes to many of the original articles. One of the major changes was the renaming of the state: according to the reform, the country would be officially named República Argentina ("Argentine Republic") and, for legal purposes, Nación Argentina ("Argentine Nation"), replacing the older Argentine Confederation denomination in all articles of the constitution. Another important inclusion was the constitutional recognizing of Buenos Aires' exclusive rights guaranteed by the Treaty of San Nicolás.The following reform was done in 1866 and established that exportation and importation taxes would be destined to the National Treasury indefinitely, no longer until 1866 as the 1860 reform did.
In 1898, another minor constitutional amendment was approved. It allowed a more flexible ratio for proportional apportionment in the Chamber of Deputies
Argentine Chamber of Deputies
The Chamber of Deputies is the lower house of the Argentine National Congress. This Chamber holds exclusive rights to create taxes, to draft troops, and to accuse the President, the ministers and the members of the Supreme Court before the Senate....
and set the number of ministries to eight.
1949 reform during Juan Domingo Perón's government was a major revision of the constitution. Its goal was to modernize and adapt the text to the twentieth century's concepts of democracy, as for example, including a list of social rights including better working conditions for the working class, right to good education, etc. This also was included into the principles stated on the Preamble. Also, it permitted the indefinite reelection of the president.
During the military regime known as the Revolución Libertadora
Revolución Libertadora
The Revolución Libertadora was a military uprising that ended the second presidential term of Juan Perón in Argentina, on September 16, 1955.-History:...
that had deposed Perón's government in 1955, in 1957 and before the elections that had to be held on 1958, a Constitutional Convention was elected to reform the constitution. This reform does not include 1949's, implicitly annulling it so the text was based on the 1898 one. The only changes done were to include a summary of Perón's social articles known as article 14 bis (existing currently) and to establish the necessity to have a Labour and Social Security Code.
In 1972, a "Constitutional Amendment" done by the military government led by general Alejandro A. Lanusse reformed the 1957 text. This had to last until 1977 but its application could be extended until 1981 if no Constitutional Convention in 1976 decided either to accept it or reject it definitively. This amendment was not fully applied by the democratic government of Perón in his third term nor by his wife Isabel Perón acting as President after his death. Some changes were related to the size of Senate and one-term reelection of president and vice-president. Also reduced presidential, senatorial and deputies' terms all to four years.
The last (and current) version of the Argentine Constitution was done by Carlos Saúl Menem in 1994. It included many of the modifications from the 1972 "amendment" as the growth of the Senate size (three per Province), one-term presidential reelection and reduction of its term to four years. It also made Buenos Aires City
Buenos Aires
Buenos 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...
an autonomous entity
Autonomous city
Autonomous 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...
with its own authorities. Other changes were done to ensure a softer presidentialist regime, the inclusion of a new chapter into the Bill of Rights related to politics, health and environment, and also the adoption of a much faster legislative procedure for creating laws.
Divisions
The Argentine Constitution has four major division types; Parts, Titles, Divisions and Chapters, though these need not be present all the time. For example, the First Part is divided into Chapters but not into Titles nor Sections. The scheme of the Constitution is the following:- Preamble
- First Part (43 sections)
- First Chapter Declarations, rights and guarantees (35 sections)
- Second Chapter New rights and guarantees (8 sections)
- Second Part Authorities of the Nation (86 sections)
- First Title
- First Division
- First Chapter
- Second Chapter Of the Senate (9 sections)
- Third Chapter Common dispositions to both Chambers (12 sections)
- Fourth Chapter Powers of the Congress (2 sections, of which one is sub-divided 32 times)
- Fifth Chapter Of the formation of Laws (8 sections)
- Sixth Chapter Of the Auditoría General de la Nacion (1 sections)
- Seventh Chapter Of the Ombudsman (1 sections)
- First Chapter
- First Chapter Of its nature and duration (8 sections)
- Second Chapter Powers of the Judicial Branch (4 sections)
Preamble
God
God is the English name given to a singular being in theistic and deistic religions who is either the sole deity in monotheism, or a single deity in polytheism....
, source of all reason and justice" for all people who desire to inhabit Argentina.
Declarations, rights and guarantees
The Constitution establishes a Bill of Rights and Guarantees for all individuals, Argentine or foreign; the inviolability of the right of life, liberty, equality, security and property. The second chapter, added in 1994, deals with public ethics, political rights, environmental protection and consumer rights.Civil rights are recognized to all inhabitants with no distinction of nationality. This is a consequence of the traditional interest of Argentina in the affluence of foreigners and foreign investment. Labor rights are also acknowledged (this is part of the legacy of Peronism
Peronism
Peronism , or Justicialism , is an Argentine political movement based on the programmes associated with former President Juan Perón and his second wife, Eva Perón...
, resulting in the 1949 and 1957 reforms). These include limited labor day, just salary, right of organization, social security benefits, etc.
The constitution declares that no one can be deprived of property, except in case of judicial sentence based on previously enacted legislation, or through expropriation for reasons of public utility, dully qualified by law and previously indemnified. The person, its judicial defense, its domicile and correspondence are inviolable.
What the law does not forbid is permitted. Individuals have complete freedom to do or refuse to do anything in private, except if that interferes with public order or morality, or causes damage to third parties.
The 1994 reform introduces several new legal figures: amparo judicial (an injunction
Injunction
An injunction is an equitable remedy in the form of a court order that requires a party to do or refrain from doing certain acts. A party that fails to comply with an injunction faces criminal or civil penalties and may have to pay damages or accept sanctions...
), habeas corpus and habeas data. Injunctions are destined to protect citizens from actual or imminent damage; habeas corpus (known for a long time to Argentine jurisprudence, and related to the habeas 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...
of Common Law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
) is to protect the citizen's physical freedom; and habeas data is a person's right to access information about himself or herself, and request its confidentiality, a change or a suppression.
The Argentine Constitution's rights are divided in four groups: Civil, patrimonial, politic and social.
Declarations
Declarations state the basis that hold the nation's politics and define it as an independent entity, for example, Article 1 states that the government is representative, republican and federal and Article 35 lists the Country's official names.Guarantees
They are institutional methods to protect the exercise of fundamental rights. They are so important that it is possible to say that a right can be held as long as it has a guarantee to protect it.Most of Guarantees are in the sections 18 and 43, between these are: habeas corpus, the abolition of death penalty and torture.
Rights
The Argentine Constitution's rights are divided in four groups: Civil, patrimonial, politic and social.- Civil rights are related to the people as individuals. Some examples are: right to live, have honor, have a name, make associations and to express opinions.
- Patrimonial rights protect men in relation to their goods. Some examples are: to own, to sell and to hire and build legal industries.
- Politic rights allow people to take part in the government, by themselves or by electing representatives: this category includes the right to choose and be chosen for the government and to make or join a political party.
- Social rights are related to people as part of society: these are (among many others) the rights to work, to have fair wages, to know, to learn, to teach.
In Argentina
Argentina
Argentina , officially the Argentine Republic , is the second largest country in South America by land area, after Brazil. It is constituted as a federation of 23 provinces and an autonomous city, Buenos Aires...
, Freedom is one of the most important rights. Section 19 says that private actions of men that don't harm the public order or another man can not be judged by authorities. Moreover, it holds the "principle of legality": No inhabitant of the Nation will be forced to do what the law doesn't order nor forbidden to do what the law doesn't forbid.
Equality is as important as freedom. Section 16 states that in the country there are no noble titles and "all its inhabitants are equal before the law"
Form of government
According to the Constitution, Argentina is a representative federalFederalism
Federalism is a political concept in which a group of members are bound together by covenant with a governing representative head. The term "federalism" is also used to describe a system of the government in which sovereignty is constitutionally divided between a central governing authority and...
republic
Republic
A republic is a form of government in which the people, or some significant portion of them, have supreme control over the government and where offices of state are elected or chosen by elected people. In modern times, a common simplified definition of a republic is a government where the head of...
, divided in provinces
Provinces of Argentina
Argentina is subdivided into twenty-three provinces and one autonomous city...
, municipalities
Municipality
A municipality is essentially an urban administrative division having corporate status and usually powers of self-government. It can also be used to mean the governing body of a municipality. A municipality is a general-purpose administrative subdivision, as opposed to a special-purpose district...
, and the Autonomous City of Buenos Aires
Buenos Aires
Buenos 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...
. Each province has the right and duty to dictate its own constitution, respecting the same principles as the national constitution.
Divisions of government powers
Executive
The Executive Branch is formed by the PresidentPresident 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...
(Art. 87). The Vice-president replaces the President in case of illness, absence from the capital, death, resignation, or removal.
The Vice-President doesn't belong to the executive branch. Curiously, it belongs to the legislative branch since he is also the president of the senate. (Art. 57)
The President promulgates the laws sanctioned by Congrees, and has veto power over them. The President directs international relations and is the Commander in Chief of the Army. In some cases, the President can issue emergency decrees
Necessity and Urgency Decree
A 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...
.
Legislative
The Legislative Branch is composed of the Vice-President, a bicameral Congress, the General Auditing Office of the Nation and the Ombudsman. Congress is divided in two Houses: Cámara de Diputados (Chamber of DeputiesArgentine Chamber of Deputies
The Chamber of Deputies is the lower house of the Argentine National Congress. This Chamber holds exclusive rights to create taxes, to draft troops, and to accuse the President, the ministers and the members of the Supreme Court before the Senate....
, the Lower House) and Cámara de Senadores (Senate
Argentine Senate
The 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...
, the Upper House).
The Vice-President belongs in the Legislative Branch since he (or she) is also the President of the Senate Chamber.
The General Auditing Office of the Nation is a technical advisory body of Congress with functional autonomy.
The Ombudsman is an independent body which works without receiving instructions from any authority. The mission of the Ombudsman is the defense and protection of human rights, civil rights and guarantees, and the control of the Administration.
Judicial
The Judicial Branch is formed by the Supreme Court, and lower courts throughout the country. The Supreme Justices and all judges hold their offices as long as they are not deposed for misbehavior.Public Ministry
The Public Ministry is an independent body with functional autonomy and financial autarchy, with the function of promoting justice for the defense of legality, of the general interests of society, in coordination with the other authorities of the Republic.It is composed of an Attorney General of the Nation and an Ombudsman General of the Nation, and such other members as the law may establish.
See also
- Argentine Constitution of 1853Argentine Constitution of 1853The Argentine Constitution of 1853 was the first constitution of Argentina, approved with the support of the governments of the provinces —though without that of the Buenos Aires Province, who remained separated of the Argentine Confederation until 1859, after several modifications to the...
- Politics of ArgentinaPolitics of ArgentinaThe politics of Argentina take place in the framework of what the Constitution defines as a federal presidential representative democratic Republic, where the President of Argentina is both Head of State and Head of Government. Legislative power is vested in both the President and the two chambers...
- Law of ArgentinaLaw of ArgentinaThe Legal system of Argentina is a Civil law legal system. The two pillars of the Civil system are the Constitution of Argentina and the Civil Code of Argentina ....
- ConstitutionConstitutionA constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...
- Constitutional lawConstitutional lawConstitutional law is the body of law which defines the relationship of different entities within a state, namely, the executive, the legislature and the judiciary....
- Constitutional economicsConstitutional economicsConstitutional economics is a research program in economics and constitutionalism that has been described as extending beyond the definition of 'the economic analysis of constitutional law' in explaining the choice "of alternative sets of legal-institutional-constitutional rules that constrain the...
- ConstitutionalismConstitutionalismConstitutionalism has a variety of meanings. Most generally, it is "a complex of ideas, attitudes, and patterns of behavior elaborating the principle that the authority of government derives from and is limited by a body of fundamental law"....
- Rule according to higher lawRule according to higher lawThe rule according to a higher law means that no written law may be enforced by the government unless it conforms with certain unwritten, universal principles of fairness, morality, and justice...