Constitution of Argentina
From Freepedia
The Constitution of Argentina is one of the primary sources of law in Argentina. It 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, and the present version is the reformed text of 1994.
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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.
Civil rights
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.
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.
Divisions of government powers
The Constitution mandates a strict separation of government powers, into three branches (Executive, Legislative, and Judicial) and the Public Ministry.
Executive
The Executive Branch is formed by the President, the Vice-president, the Chief of Ministers, and the Ministers. The Vice-president replaces the President in case of illness, absence from the capital, death, resignation, or removal.
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.
Legislative
The Legislative Branch is composed of a 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 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.
The 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 a General Defender of the Nation, and such other members as the law may establish.
