Understanding Argentina’s Constitution and Political Landscape
Article 36 – Defense of the Constitutional Order
This Constitution shall rule even when its observance is interrupted by acts of force against the constitutional order and democratic system. These acts shall be irreparably null.
Their authors will be subject to the penalty provided in Section 29, disqualified in perpetuity from holding public office and excluded from the benefits of pardon and commutation of sentences.
Those who assume the powers foreseen for the authorities of this Constitution or those of the provinces, as a result of these actions, will be held civilly and criminally liable for their actions. The respective actions shall be barred.
All citizens have the right of resistance to those committing acts of force stated in this Article.
Also, anyone who attempts against the democratic system or incurs in serious fraudulent offense against the state that entails enrichment, shall be disqualified for the time specified by law to hold public office.
The Congress shall enact a law on public ethics for the exercise of the function.
Article 14 Bis – Workers’ Rights
The work in its various forms shall enjoy the protection of the laws, which ensure to workers:
- Dignified and equitable conditions of work
- Time limited, paid rest and vacations
- Fair, living wage
- Equal pay for equal work
- Participation in the profits of enterprises, with control of production and collaboration in the management
- Protection against arbitrary dismissal
- Stability of public employment
- Free and democratic trade union recognized by the mere registration in a special register.
Article 99 – Powers of the President
The President of the Nation has the following powers:
- Is the supreme leader of the Nation, head of government and political responsibility for the overall management of the country.
- Issuing instructions and regulations as are necessary for the implementation of the laws of the nation, without altering its spirit with regulatory exceptions.
- Participates in the making of laws under the Constitution, promulgates and publishes them. The Executive Power shall in no case, under pain of nullity beyond remedy, issue provisions of legislative nature. Only when exceptional circumstances make it impossible to follow the ordinary procedures foreseen by this Constitution for the enactment of laws and not trying to rules governing criminal matters, taxation, electoral or political party system, may issue decrees on grounds of need and urgency, which will be decided in general agreement of ministers who shall countersign them together with the head of cabinet ministers.
- Oversees the exercise of the power of the chief of cabinet ministers regarding the collection of the revenues of the Nation, and their investment according to the law or budget of national expenditures.
- Concludes and signs treaties, agreements and other agreements required to maintain good relations with international organizations and foreign nations, receives their ministers and admits their consuls.
- Is commander in chief of all armed forces of the nation.
- Provides for the military of the Nation: With consent of the Senate, grants posts or ranks of senior officers of the armed forces, and alone in the battlefield.
- Declares war and orders reprisals with the consent and approval of Congress.
- Can ask the head of cabinet ministers and the heads of all branches and departments of government, and through him to other employees, reports as seen fit, and they are compelled to supply.
- May leave the territory of the Nation with the consent of Congress. In the recess of the latter, you can only do so without permission on justified grounds of public service.
Article 30 – Constitutional Reform
The Constitution can be reformed in whole or in any part thereof. The need for reform must be declared by Congress by a vote of two-thirds, at least, of its members, but not carried out except by a convention called for that purpose.
The Constitution: A Definition
The Constitution is the fundamental law, written or otherwise, of a sovereign state, established or accepted to govern it. The constitution defines the limits and relations between the powers (powers that, in modern Western countries are defined as legislative, executive and judicial) and between them and their citizens, thus establishing the basis for government and the organization of the institutions in which such powers are based. This document seeks to ensure the people their rights and freedoms.
Types of Constitutions
There are two types of constitutions: rigid and flexible. The rigid constitution cannot be easily modified, while the flexible constitution can be amended through a constitutional reform process.
The 1976 Coup and its Aftermath
On March 24, 1976, a coup d’état overthrew the democratic government of Isabel Perón. A junta made up of Lieutenant General Jorge Rafael Videla, Admiral Emilio Eduardo Massera, and Brigadier Orlando Agosti took command of the country.
Thus began a dark period in Argentina’s history, marked by kidnappings, torture, theft of babies, and the death of countless Argentines who held dissenting views. This period saw the rise of state terrorism, which infiltrated every corner of the country.
La Perla: A Symbol of Terror
La Perla was the largest of 60 clandestine detention, torture, and extermination centers that operated in the area of the III Corps and one of the largest in the country during the last dictatorship.
Located near Córdoba, La Perla witnessed the horrors inflicted upon an estimated 2,200 to 2,500 detainees, with very few survivors.
Today, La Perla serves as a Place for Memory, a testament to the victims and a reminder of the importance of upholding human rights and democratic values.
Key Political Concepts
Republic
A republic is a form of government in which the people hold sovereignty and exercise power through elected representatives. It is based on the rule of law, where both the rulers and the ruled are subject to a set of fundamental principles, typically outlined in a constitution.
Democracy
Democracy is a system of government in which the people hold sovereign power and elect their leaders through direct or indirect elections. It emphasizes popular participation and the ability of the people to change or reconfirm their leaders in subsequent elections.
Forms of State
The form of state refers to the relationship between a state’s territory, population, and power. It defines how a state is organized and how power is distributed within its borders.
Forms of Government in Argentina
Argentina’s Constitution establishes a representative, republican, and federal form of government.
- Representative: Citizens elect representatives to exercise power on their behalf.
- Republican: Magistrates are elected and hold temporary positions, with a focus on the division and balance of powers.
- Federal: Power is divided between a national government and provincial governments, each with its own jurisdiction and autonomy.
Difference Between Democracy and Republic
While often used interchangeably, democracy and republic have distinct meanings. Democracy emphasizes popular sovereignty and participation, while a republic focuses on the common good and the rule of law. Argentina identifies as a democratic republic, incorporating elements of both systems.
Delegated Authority
Delegated authority refers to the transfer of specific responsibilities and resources from local authorities (such as the Department of Municipal Education and corporations) to school directors, upon their request and through a mayoral decree.
Reserved Powers
This section requires further information to provide a complete explanation of reserved powers in the context of Argentina’s political system.