Federal Government and Public Authority in a Democracy
Federal Government of the Nation
Constitutional Framework
The National Constitution establishes a representative, republican, and federal system of government. This results in two levels of government coexisting: the federal government and the provincial governments. Each level has its own scope of authority.
Important Note: Provinces do not possess inherent constitutional power. Constitutional power is exercised by the people of the nation as a whole.
Faculties of the Federal and Provincial Governments
Federal Government:
- Managing external relations
- National budget
- National customs and taxation
- Debt management
- National Legislation
Provincial Governments:
- Retain all powers not delegated to the Federal Government.
- Act as agents of the Federal Government to enforce the Constitution and national laws.
Government of the City of Buenos Aires
The City of Buenos Aires will have an autonomous system of government with legislative and jurisdictional power. The mayor will be elected by the people of the city.
Basis of Public Authority
Public authority refers to any governmental authority exercised by an individual or a group. Discussions about the foundations of authority analyze the political relationship between rulers and the ruled. They address the question of why governments exist and why some should rule while others obey.
Popular Sovereignty and the Division of Powers
The division of powers, or the separation of government functions, was established to safeguard individual freedom against the power of the state. This system provides a mechanism of checks and balances that facilitates the exercise of popular sovereignty.
Doctrines on the Origin of Public Authority
- Natural Doctrine (Plato): Asserts that individuals are naturally different, and authority should rest with the most capable.
- Religious Doctrines: Claim that God is the source of political power (e.g., the authority of the Pharaohs in Egypt).
- Doctrines of Force: Justify power based on the existence of stronger individuals who naturally dominate the weaker.
- Anarchist Doctrines: Deny the justification for the state and advocate for its abolition.
- Legal Doctrines: Seek the foundations of authority in private law institutions and the relationships between individuals.
- Patriarchal Doctrine: Compares the state to a family, with the ruler’s authority analogous to that of a father.
- Democratic Doctrine: In democratic states, public authority is based on popular sovereignty and the delegation of power by the people to their representatives to pursue the common good.
Branches of Government
- Legislative: Develops and repeals laws.
- Executive: Implements and enforces laws.
- Judicial: Interprets laws and applies them to specific cases to determine appropriate judgments.
Harmony and Coordination of Powers
Concentrating power in a single entity threatens individual liberty. Distributing power among different branches creates a system of checks and balances that protects freedoms. However, the division of powers in a democracy does not mean complete independence. Effective government requires the three branches to act in a coordinated and harmonious manner.
Mutual Coordination and Control Among Authorities
Legislative Branch:
Executive Functions:
- Approves international agreements signed by the executive.
- Appoints and removes the Ombudsman.
- Considers declarations of states of emergency issued by the executive.
Judicial Functions:
- Creates lower courts of justice.
- Sets the salaries of judges.
- Specifies amnesty laws.
- Conducts impeachment trials.
Executive Branch:
Legislative Functions:
- President can veto laws.
- Issues regulations to implement laws.
- Promulgates laws and decrees.
Judicial Functions:
- Grants pardons and commutes sentences.
- Appoints judges with the Senate’s approval.
- Orders arrests during states of siege.
Judiciary:
Legislative Functions:
- Reviews the constitutionality of laws enacted by the legislature.
Judicial Functions:
- Reviews the constitutionality of executive actions.
- Provides legal protection (amparo) to individuals affected by unconstitutional measures of the executive.
- Appoints and removes court officials.
The Vote and Electoral Systems
The Vote: Exercising Popular Sovereignty
The vote is the means by which the people express their will and exercise sovereignty. In a democracy, it enables citizens to make political decisions, primarily by choosing individuals to hold government offices. Other forms of expressing popular will include plebiscites and referendums. Some consider voting a public function, as it involves citizens participating in the formation of the government.
Types of Suffrage
- Universal Suffrage: All citizens have the right to vote, with some general exceptions (e.g., minors, foreigners).
- Qualified Suffrage: The right to vote is conditional upon meeting certain requirements (e.g., property ownership, literacy).
- Compulsory Vote: Voting is a civic duty, and failure to vote may result in penalties.
- Optional Vote: Voting is a right, but not an obligation.
- Secret Vote: The voter’s choice is kept confidential.
- Public Vote: The voter expresses their choice openly.
- Direct Vote: Citizens directly elect individuals to office.
- Indirect Vote: Citizens vote for electors who then choose the officeholders.
- Equal Suffrage: All citizens have one vote with equal weight.
- Reinforced Suffrage: Certain citizens have more than one vote based on specific criteria (e.g., number of children, educational level).
Argentina’s System: Argentina has universal, secret, direct, and compulsory suffrage. Optional suffrage applies only in non-binding referendums.
Electoral Systems
Electoral systems determine how votes are organized and translated into representation. The Argentine Constitution does not specify a particular system, allowing the legislature to enact various electoral laws.
Majority Systems:
- Complete List System by Absolute Majority: The party with more than half the valid votes wins all seats in a district. If no party achieves this, a new election is held.
- System of a Relative Majority List: The party with the most votes wins, even without an absolute majority.
Minority Systems:
- Single-Member Constituency System: The country is divided into districts, and the candidate with the most votes in each district wins the seat.
- Incomplete List System: Voters choose fewer candidates than the number of seats to be filled.
- Proportional Representation System: Seats are allocated to parties in proportion to the votes they receive.
Electoral Reform of 1912
From 1853 to 1912, Argentina used various electoral systems. Voting was optional and public (“sung”), leading to widespread electoral fraud. The 1912 reform introduced significant changes:
Key Aspects of the 1912 Reform:
- Electoral Roll: Established compulsory voter registration based on the military census.
- Jurisdiction: Electoral judges were given authority over the electoral roll.
- Universal Suffrage: All native-born and naturalized citizens over 18 could vote.
- Compulsory Voting: Citizens aged 18-70 were required to vote, with penalties for non-compliance.
- Secret Ballot: Voters chose their ballots in private.
- Individual Vote: Each citizen cast a single vote.
- Electoral System: Adopted the “incomplete list” system (also known as limited or restricted vote).
Civic Indifference and Ways to Address It
Consequences of Indifference
Living in a democracy for an extended period can lead to a diminished appreciation for its importance. In Argentina, the continuous transfer of power between constitutional authorities can make it seem like a given. However, democracy is an achievement that requires constant vigilance and participation.
Civic indifference, or a lack of interest in political matters, can have detrimental effects. It can lead to decreased voter turnout and a decline in engagement with issues that affect the common good.
Combating Civic Indifference
Addressing civic indifference requires a collective effort from various actors:
- Government and Politicians: Should lead by example and promote ethical conduct.
- Media and Educational Institutions: Must inform citizens about their rights and responsibilities related to the common good.
- Citizens: Need to actively participate in the democratic process and hold elected officials accountable.
Influence and Responsibility of Political Parties
Political parties are associations of citizens united by shared political ideals. They aim to influence government policy and win elections. Responsible political parties should prioritize the well-being of the country and the general welfare, not just electoral success.
Functions of Political Parties:
- Provide a check on the government’s power.
- Establish internal rules and discipline.
- Articulate their ideas through programs and platforms.
- Represent diverse viewpoints.
- Offer choices to the public during elections.
- Act as intermediaries between citizens and the government.
Political parties play a crucial role in a healthy democracy. They should promote constructive dialogue, engage in rational debate, and prioritize the interests of the nation as a whole.