Constitution of Argentina
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The Constitution of Argentina is one of the primary sources of 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.
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[edit] History
The first attemp to divide political power in Argentina was during the gorvernment created after the May Revolution: the First Junta could not create new taxes without the Cabildo's autorization. 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, that succeded tha First Junta, composed the Regulation for the Division of Power, but it was not accepted by the executive power. Nevertheless the freedom to print anything and the Decree of Individual Security were accepted in november of that year. 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 pacts existed between 1820 and 1853, when the final constitution was passed, among them, the most important are: the Treaty of Pilar (1820), the Treaty of the Cuadrilátero (1822), the Federal Pact (1831), the Protocol of Palermo (1852), and the Pact of San Nocolás (1852).
The Federal Pact urged all the provinces to call a General Federal Congress, however this would have limitated Juan Manuel de Rosas's power and since he was the most powerful province govrenor of the time 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 Buenos Aires left the Argentine Confederation until 1859.
[edit] 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)
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- First Chapter Declarations, rights and guarantees (35 sections)
- Second Chapter New rights and guarantees (8 sections)
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- Second Part Authorities of the Nation (86 sections)
- First Title Federal Government (77 sections)
- First Division Of the Legislative Power (43 sections, 42 + 1 separated)
- First Chapter Of the Chamber of Deputies'(9 sections)
- 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)
- Second Division Of the Executive Power (21 sections)
- First Chapter Of its nature and duration (7 sections)
- Second Chapter Of the way and time of the election of the President and Vicepresident of the Nation (5 sections)
- 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)
- First Chapter Of its nature and duration (8 sections)
- Second Chapter Powers of the Judicial Branch (4 sections)
- Fourth Section Of the Office of the Public Prossecution (1 sections)
- First Division Of the Legislative Power (43 sections, 42 + 1 separated)
- Second Title Provincial Governments (9 sections)
- First Title Federal Government (77 sections)
- Transitorial Provisions
[edit] Preamble
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.
[edit] 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, 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.
[edit] 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.
[edit] 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.
[edit] 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 asossiations 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 legan industries.
- Politic rights allow people to take part in the government, by themselve 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, 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 judjed 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 it's inhabitants are equal before the law"
[edit] Form of government
According to the Constitution, Argentina is a representative federal 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.
[edit] Divisions of government powers
The Constitution mandates a strict separation of government powers, into three branches (Executive, Legislative, and Judicial) and the Public Ministry.
[edit] Executive
The Executive Branch is formed by the President (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.
[edit] 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 Deputies, 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.
[edit] 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.
[edit] 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.
[edit] See also
[edit] References
- (English) Complete text
- (Spanish) Complete text
Formación Ética y ciudadana, los derechos humanos, la vida en democracia y la sociedad justa - Casullo, Funes, Hirschmann, Rasnosky, and Schuster, ISBN 950-46-0582-6
