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Encyclopedia > Argentine constitution
Wikisource
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Constitution of Argentina

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. Wikipedia does not have an article with this exact name. ... Wikisource, The Free Library, is a Wikimedia project to build a free wiki library of primary source texts, along with translations of source-texts into any language and other supporting materials. ... Aphorism Critical legal studies Jurisprudence Law (principle) Legal research Letter versus Spirit List of legal abbreviations Legal code Natural justice Natural law Philosophy of law Religious law External links Find more information on Law by searching one of Wikipedias sibling projects: Wikibooks Wikiversity has more about this subject: School... 1853 was a common year starting on Saturday (see link for calendar). ... Santa Fe, is a city in northeastern Argentina, It is the capital of the Santa Fe Province, near the junction of the Parana and Salado rivers, opposite the city of Parana, to which Santa Fe is linked by a sub-fluvial tunnel inaugurated in 1973. ... The Constitution of the United States is the supreme law of the United States of America. ... 1860 is the leap year starting on Sunday. ... 1866 is a common year starting on Monday. ... 1898 was a common year starting on Saturday (see link for calendar). ... 1949 is a common year starting on Saturday. ... 1957 (MCMLVII) was a common year starting on Tuesday of the Gregorian calendar. ... The 1994 reform to the Argentine Constitution was approved on 22 August, and addressed several important points. ...

Contents


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. Peronism (also called justicialism), is an Argentine political ideology based on the ideas and programs associated with former president Juan Perón. ...


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. An injunction is an equitable remedy in the form of a court order that either prohibits or compels (enjoins or restrains) a party from continuing a particular activity. ... In English Common Law habeas corpus is the name of several writs which may be issued by a judge ordering a prisoner to be brought before the court. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ...


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. Federalism is the idea of a group or body of members that are governed by a representative head. ... In a broad definition a republic is a state whose political organization rests on the principle that the citizens or electorate constitute the ultimate root of legitimacy and sovereignty. ... Argentina consists of 23 provinces (provincias, singular - provincia), and 1 federal district (Capital Federal *). Capital Federal * Buenos Aires Catamarca Chaco Chubut Córdoba Corrientes Entre Ríos Formosa Jujuy La Pampa La Rioja Mendoza Misiones Neuquén Río Negro Salta San Juan San Luis Santa Cruz Santa Fe Santiago... A municipality or general-purpose district (compare with: special-purpose district) is an administrative local area generally composed of a clearly defined territory and commonly referring to a city, town, or village government. ... Buenos Aires (Good Airs in Spanish, originally meaning Fair Winds) is the capital of Argentina and its largest city and port, as well as one of the largest cities in South America. ...


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. Current President Néstor Kirchner The President of Argentina (full title: President of the Argentine Nation, Spanish: Presidente de la Nación Argentina) is the head of state of Argentina. ...


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 Chamber of Deputies is the lower house of the National Congress, Argentinas parliament. ... The Argentine Senate is the upper house of parliament in Argentina. ...


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.


See also


  Results from FactBites:
 
President of Argentina - Wikipedia, the free encyclopedia (1817 words)
The President must be a natural-born citizen of the country, or be son of Argentine citizens, in the case of being born abroad.
The Constitution establishes in Article 88 that in case of death, resignation or destitution of the President, the office is exercised by the Vice-President for the rest of the term.
In 1852 Rosas was deposed, and a constitutional convention was summoned.
Argentina - definition of Argentina in Encyclopedia (1721 words)
The Argentine constitution of 1853, as revised in 1994, mandates a separation of powers into executive, legislative, and judicial branches at the national and provincial level.
The Argentine climate is predominantly temperate with extremes ranging from subtropical in the north to arid/sub-Antarctic in far south.
Argentines are a mixture of diverse national and ethnic groups, with descendants of Italian and Spanish immigrants predominant (at least 88% of Argentina's total population).
  More results at FactBites »


 
 

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