Understanding the Argentine Constitution: A Comprehensive Guide
Understanding the Argentine Constitution
Concept of a Constitution
A constitution is the foundation of a nation’s legal system, establishing the basic rules that govern the validity of all other laws within the country.
Types of Constitutions
- Rational-Normative: A set of written rules designed to maintain order within a community or state.
- Historicist: The product of a country or society’s historical development.
Classifications of Constitutions
- Written: Laws are codified in written documents.
- Unwritten: Based on traditions and customs.
- Rigid: Requires a special procedure for amendments, different from ordinary laws.
- Flexible: Amendments follow the same process as ordinary laws.
- Petrified: Declared unchangeable.
The Argentine Constitution
The Argentine Constitution is formal, written, rigid, and petrified, containing fundamental principles and structures of the nation.
Federalism in Argentina
Argentina adopts a republican form of government with a federal structure, dividing powers between the national government and autonomous provinces.
Types of Constitutional Rules
- Operational: Self-sufficient rules that do not require further regulation.
- Programmatic: Incomplete rules that necessitate additional legislation for implementation.
The State in the Argentine Constitution
The state is defined as a group of individuals residing within a specific territory and subject to the authority of a single government.
Elements of the State
- Population: The human element inhabiting the state’s territory.
- Territory: The geographical space where the state exercises sovereignty, encompassing airspace, maritime areas, land, and subsoil.
- Power: The capacity or energy to achieve a specific purpose.
- Government: The set of organs that exercise power throughout the state.
Legitimacy of Government
Legitimacy of origin refers to the way rulers acquire power, adhering to the standards set by the constitution. A government’s legitimacy of exercise depends on its commitment to the common good.
Nationality and Citizenship
- Nationality: The status of a person born in Argentine territory.
- Citizenship: The right to vote and hold public office.
Criteria for Granting Nationality
- Jus soli: Right of soil, based on birthplace.
- Jus sanguinis: Right of blood, based on the nationality of parents.
Government Structure: Representative, Republican, and Federal
- Representative: The people govern through elected representatives.
- Republican: Characterized by popular sovereignty, equality before the law, periodic elections, accountability of rulers, transparency, and separation of powers.
- Federal: The country is composed of autonomous provinces with the power to enact their own constitutions, organize their governments, raise taxes, and manage their affairs.
Constitutional Power
- Original Power: The power exercised by the people during the founding stage to establish the state and its structure.
- Derived Constitutional Power: The power to amend the constitution, exercised by a constitutional convention within specific limits.
Constitutional Reform
The process of amending the Argentine Constitution involves two stages: initiative by Congress and reform by a constitutional convention.
Constitutional Supremacy
The principle that the constitution prevails over all other laws. Article 75, paragraph 22 incorporates international treaties on human rights into the Argentine legal system.
Legislative Branch
The legislative branch, responsible for enacting laws, is composed of the Chamber of Deputies and the Senate.
Chamber of Deputies
- Members represent provinces and the City of Buenos Aires.
- Elected directly by the people for four-year terms, with half the chamber renewed every two years.
Senate
- Composed of three senators from each province and three from Buenos Aires.
- Senators serve six-year terms, with one-third of the chamber renewed every two years.
Sessions of Congress
- Preparatory Sessions: Held before the start of ordinary sessions to establish procedures.
- Ordinary Sessions: Held from March 1st to November 30th.
- Extraordinary Sessions: Convened by the President during recess to address urgent matters.
- Extended Sessions: Continue unfinished business from ordinary sessions.
Impeachment
A process by which Congress can remove certain officials, including the President, Vice President, and Supreme Court justices, from office for specific grounds.