The Argentine Constitution: A Comprehensive Guide
The Constitution:
a remarkable piece is legal to Argentine pride, while taking principles and institutions of the Declaration of Human Rights and U.S. Constitution, it is still neither original nor creative, because has adapted to our reality.
The constitution is a legal piece:
· Synthesizes the thought of a country
· Provides the foundation for organization
· Define which are the basic rights and obligations of citizens
· Guideline form of government organization
· Sets which should be the country’s values
Background of the Constitution:
Interprovincial pacts:
Pilar-Pact
-Treaty of Quadrilateral
“Federal Pact
-Union Pact
-Agreement of San Nicolas.
International Covenants:
with England in 1825 and 1839 and France in 1840.
Structure of the Constitution:
Part One contains two chapters, declarations, rights and guarantees and New Rights and Guarantees
Part Two: consists of two titles on 1 talks about the powers of government and the 2nd of the provincial governments.
Preamble:
mark the themes, the state’s objectives and the objectives proposed by the constituents for the Federal State.
In the Preamble are the objectives of the National Constitution
· Form a national union
Strengthening the justice ·
• Strengthen internal peace
· Provide for the common defense
· Promote the general welfare
• To secure the blessings of liberty
Declarations, Rights and Guarantees:
When the Constitution speaks of statements refers to the Nation as a whole, the nation states in relation to gold in the world and the nation as a political organization.
It also establishes his rights to all individuals as being human beings, among them include the right to liberty and the right to life.
The guarantees allow the rights recognized and safeguarded by the authorities and by society.
Authorities of the Nation:
this refers to state powers, functions and their relationships to each other. The political system that takes the Constitution is based on the separation of state functions: to judge, legislate and administer.
The federal state is formed by the granting of powers to the provinces to the federal authorities. This means that there is a balance between the provinces and the nation, because the provinces retain to itself the powers not delegated to the Nation.
Form of government:
It is representative, since citizens directly elect the chief executive power through their vote. They also elect a replacement and legislators and indirectly to members of the judiciary proposed by the Executive.
Republican, because the people have the right to govern itself. Officials are elected by the people through universal suffrage. Another principle relates to the republic is the separation of powers.
The federal system of government has three types of governments (municipal, provincial and national) and a set of principles, these are:
Ö The provinces retain all power not delegated to the Nation
LEO town retains all powers not delegated to consecrate their sovereignty
OLa supremacy of the Constitution throughout the legal system of the Nation.
The division of powers:
They are divided into executive, judiciary and legislature.
This does not mean dividing the state power, if not its functions. The primary role of States is to create, implement and enforce legal rules. This system was implemented as it was feared the tide of tyranny, dictatorship and arbitrariness, even if we look at our history we can find the installation of dictators and despots in the exercise of power.
In 1994 the constituents intodujeron the Public Ministry, whose role is to promote judicial action in defense of the legality of the common interests of society in general.
The President of the Nation is the one who exercises the executive power. This power is more clearly marking the country’s fate and welfare of the population. The President of the Nation is elected by the people in direct elections, their term of office is four years and may be reelected once. The vice president is elected by direct vote, but may exercise the executive power, only in case of sickness, death, absence from the country, resignation or removal of the President’s Office.
The President:
It is the Supreme Leader’s Office, Head of Government and politically responsible for the general administration of the country.
Part in the making of laws under the Constitution, promulgates and makes publishing. You expressly forbidden to legislate.
He appoints the judges of the Supreme Court agreed with the Senate by two-thirds of the members present.
Grant pensions, retirements, leave and pensions under the laws of the Nation.
He concludes and signs treaties
Armed Forces has
It’s Commander in Chief of all Armed Forces of the Nation
Declares war, with the consent and approval of Congress.
Declares the federal intervention of a province.
May grant pardons or commute sentences for crimes subject to federal jurisdiction
The judicial power:
has the function of administration of justice. The legal function is divided into local and federal and exercised by the judiciary. This is exercised by the Supreme Court and lower courts porn others.
Among the functions of the judiciary are: to intervene in all cases to speak on items under the Constitution and laws, intervene in cases that occur between two provinces or between a province and the residents of another.
Judicial bodies at the national level are composed of judges of first instance, composed of a single person and the Appeals Chamber composed of three.
The legislative branch: its function and pass the laws controlling the activity of the other two branches. It consists of the Chamber of Deputies and the Senate. The deputies are directly elected in national elections and last four years in office, may be reappointed. Members can impeach before the Senate, the President’s Office, the vice president, the chief of cabinet of ministers, ministers and members of the Supreme Court, for malfeasance in his duties. The Senate is composed of three senators per province and three Autonomous City of Buenos Aires. Senators are directly elected and his term of office lasts six years, can be reappointed indefinitely.
Vice President’s Office, is chairman of the Senate, but has no vote unless there is a tie.
No senator can be arrested during his term, except to commit a crime deserving death penalty or other sanction important.