Professional Documents
Culture Documents
Argentina
We, the representatives of the people of the Argentine Nation, gathered in General Constituent Assembly
by the will and election of the Provinces which compose it, in fulfillment of pre-existing pacts, in order
to form a national union, guarantee justice, secure domestic peace, provide for the common defense,
promote the general welfare and secure the blessings of liberty to ourselves, to our posterity, and to all
men of the world who wish to dwell on argentine soil: invoking the protection of God, source of all
reason and justice: do ordain, decree, and establish this Constitution for the Argentine Nation.
Section 4 Section 8
The Federal Gover nment provides for the The citizens of each province shall be entitled to
expenditures of the Nation with the funds of the all rights, privileges, and immunities inherent in
National Treasury, composed of the proceeds of the condition of citizen in the other provinces.
export and import duties, the sale or lease of lands The extradition of criminals is a reciprocal
owned by the Nation, the revenues of the Posts, obligation among all the provinces.
other taxes equitably and proportionally levied on
the population by the National Congress, and of Section 9
whatever loans and credit transactions Congress Throughout the territory of the Nation there shall
may order in case of national emergencies or for be no other Customs than the national ones, in
enterprises of national interest. which the tariffs enacted by Congress shall be in
force.
Section 5
Each province shall enact its own constitution Section 10
under the republican, representative system, in The circulation of goods of national production
accordance with the principles, declarations, and or manufacture is free from duties throughout the
guarantees of the National Constitution, ensuring Republic, as well as the circulation of articles and
Argentina
merchandise of all kinds cleared in the national collaboration in the management; protection
Customs. against arbitrary dismissal; stability of the civil
servant; free and democratic labor union
Section 11 organizations recognized by the mere
Goods of national or foreign production or registration in a special record.
manufacture, as well as livestock of all kinds, that (2) Trade unions are hereby guaranteed: the right
may pass through the territory of one province to to enter into collective labor bargains; to
another, shall be free from the so called transit resort to conciliation and arbitration; the
duties, the same as the carriages, vessels or beasts right to strike. Union representatives shall
in or on which they are transported; and no other have the guarantees necessary for carrying out
duty, whatever its name may be, shall be imposed their union tasks and those related to the
on them by reason of their passing through the stability of their employment.
territory. (3) The State shall grant the benefits of social
security, which shall be of an integral nature
Section 12 and may not be waived. In particular, the
Vessels sailing from one province to another shall laws shall establish: compulsory social
not be bound to enter, anchor, or pay transit duties; insurance, which shall be in charge of national
and no preference shall be granted in any case to or provincial entities with financial and
any port in respect of another, by means of trading economic autonomy, administered by the
laws or regulations. interested parties with State participation,
with no overlapping of contributions;
Section 13 adjustable retirements and pensions; full
New provinces may be admitted into the Nation; family protection; protection of homestead;
but a new province shall neither be established family allowances and access to a worthy
within the territory of another province or housing.
provinces, nor be formed from several, without
the consent of the legislatures of the provinces Section 15
concerned as well as that of Congress. In the Argentine Nation there are no slaves: the
few who still exist shall become free as from the
Section 14 swearing of his Constitution; and a special law
All the inhabitants of the Nation are entitled to shall regulate whatever compensation this
the following rights, in accordance with the laws declaration may give rise to. Any contract for the
that regulate their exercise, namely: to work and purchase and sale of persons is a crime for which
perform any lawful industry; to navigate and trade; the parties shall be liable, as well as the notary or
to petition the authorities; to enter, remain in, officer authorizing it. And slaves who by any means
travel through, and leave the Argentine territory; enter the nation shall be free by the mere fact of
to publish their ideas through the press without entering the territory of the Republic.
previous censorship; to make use and dispose of
their property; to associate for useful purposes; to Section 16
profess freely their religion; to teach and to learn. The Argentine Nation admits neither blood nor
birth prerogatives: there are neither personal
Section 14bis privileges nor titles of nobility. All its inhabitants
(1) Labor in its several forms shall be protected are equal before the law, and admissible to
by law, which shall ensure to workers: employment without any other requirement than
dignified and equitable working conditions; their ability. Equality is the basis of taxation and
limited working hours; paid rest and public burdens.
vacations; fair remuneration; minimum vital
and adjustable wage; equal pay for equal Section 17
work; participation in the profits of Property may not be violated, and no inhabitant
enterprises, with control of production and of the Nation can be deprived of it except by
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virtue of a sentence based on law. Expropriation property, buy and sell it; navigate the rivers and
for reasons of public interest must be authorized coasts; practice freely their religion; make wills and
by law and previously compensated. Only Congress marry under the laws. They are not obliged to accept
levies the taxes mentioned in Section 4. No personal citizenship nor to pay extraordinary compulsory
service can be requested except by virtue of a law taxes. They may obtain naturalization papers
or sentence based on law. Every author or inventor residing two uninterrupted years in the Nation;
is the exclusive owner of his work, invention, or but the authorities may shorten this term in favor
discovery for the ter m granted by law. The of those so requesting it, alleging and proving
confiscation of property is hereby abolished forever services rendered to the Republic.
from the Argentine Criminal Code. No armed body
may make requisitions nor demand assistance of Section 21
any kind. Every Argentine citizen is obliged to bear arms in
defense of the fatherland and of this Constitution,
Section 18 in accordance with the laws issued by Congress
No inhabitant of the Nation may be punished and the Decrees of the National Executive Power
without previous trial based on a law enacted before to this effect. Citizens by naturalization are free to
the act that gives rise to the process, nor tried by render or not this service for a period of ten years
special committees, nor removed from the judges as from the date they obtain naturalization papers.
appointed by law before the act for which he is
tried. Nobody may be compelled to testify against Section 22
himself, nor be arrested except by virtue of a written The people neither deliberate nor govern except
warrant issued by a competent authority. The through their representatives and authorities
defense by trial of persons and rights may not be established by this Constitution. Any armed force
violated. The domicile may not be violated, as well or meeting of persons assuming the rights of the
as the written correspondence and private papers; people and petitioning in their name, commits the
and a law shall determine in which cases and for crime of sedition.
what reasons their search and occupation shall be
allowed. Death penalty for political causes, any Section 23
kind of tortures and whipping, are forever In the event of domestic disorder or foreign attack
abolished. The prisons of the Nation shall be endangering the full enforcement of this
healthy and clean, for the security and not for the Constitution and of the authorities hereby
punishment of the prisoners confined therein; and established, the province or territory which is in a
any measure taken with the pretext of precaution turmoil shall be declared in state of siege and the
which may lead to mortify them beyond the constitutional guarantees shall be suspended therein.
demands of security, shall render liable the judge But during such a suspension the President of the
who authorizes it. Republic shall not pronounce judgment or apply
penalties on his own. In such case, his power shall
Section 19 be limited, with respect to persons, to their arrest
The private actions of men which in no way offend or transfer from one place of the Nation to
public order or morality, nor injure a third party, another, should they not prefer to leave the
are only reserved to God and are exempted from Argentine territory.
the authority of judges. No inhabitant of the
Nation shall be obliged to perform what the law Section 24
does not demand nor deprived of what it does not Congress shall promote the reform of the present
prohibit. legislation in all its branches, and the establishment
of trial by jury.
Section 20
Foreigners enjoy within the territory of the Nation Section 25
all the civil rights of citizens; they may exercise The Federal Government shall foster European
their industry, trade and profession; own real immigration; and may not restrict, limit or burden
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with any tax whatsoever, the entry into the Aires, the treaties ratified after the Pact of
Argentine territory of foreigners who arrive for November 11, 1859.
the purpose of tilling the soil, improving industries,
and introducing and teaching arts and sciences. Section 32
The Federal Congress shall not enact laws restricting
Section 26 the freedom of printing or establishing federal
Navigation of the inland rivers of the Nation is jurisdiction over it.
free for all flags, only subject to the regulations
issued by the national authority. Section 33
The declarations, rights and guarantees which the
Section 27 Constitution enumerates shall not be construed as
The Federal Government is under the obligation a denial of other rights and guarantees not
to strengthen its relationships of peace and trade enumerated, but rising from the principle of
with foreign powers, by means of treaties in sovereignty of the people and from the republican
accordance with the principles of public law laid form of government.
down by this Constitution.
Section 34
Section 28 The judges of the federal courts cannot at the same
The principles, guarantees and rights recognized in time hold an office in the provincial courts. The
the preceding sections shall not be modified by the federal service, whether civil or military, shall not
laws that grant a right of residence in the province in which
regulate their enforcement. it is performed unless it is where the employee
habitually resides, this provision being understood
Section 29 as pertaining to the right to choose employments
Congress may not vest on the National Executive in the province in which he accidentally happens
Power - nor may the provincial legislatures vest on to be.
the provincial governors - extraordinary powers or
the total public authority; it may not grant acts of Section 35
submission or supremacy whereby the life, honor, The denominations successively adopted from 1810
or wealth of the Argentine people will be at the up to the present, namely: “United Provinces of
mercy of governments or any person whatsoever. the River Plate”; “Argentine Republic”; “Argentine
Acts of this nature shall be utterly void, and shall Confederation”, shall henceforth be official names
render those who formulate them, consent to them to be indistinctly used for the designation of the
or sign them, liable to be condemned as infamous government and territory of the provinces, the
traitors to their fatherland. words “Argentine Nation” being used in the making
Section 30 and enactment of laws.
The Constitution may be totally or partially
amended. The necessity of reform must be declared Chapter II New Rights and Guarantees
by Congress with the vote of at least two-thirds
of the members; but it shall not be carried out Section 36
except by an Assembly summoned to that effect. (1) This Constitution shall rule even when its
observance is interrupted by acts of force
Section 31 against the institutional order and the
This Constitution, the laws of the Nation enacted democratic system. These acts shall be
by Congress in pursuance thereof, and treaties with irreparably null.
foreign powers, are the supreme law of the Nation; (2) Their authors shall be punished with the
and the authorities of each province are bound penalty foreseen in Section 29, disqualified
thereby, notwithstanding any provision to the in perpetuity from holding public offices and
contrary included in the provincial laws or excluded from the benefits of pardon and
constitutions, except for the province of Buenos commutation of sentences.
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(3) The Nation shall regulate the minimum which foster such ends registered according
protection standards, and the provinces those to a law determining their requirements and
necessary to reinforce them, without altering organization forms.
their local jurisdictions. (3) Any person shall file this action to obtain
(4) The entry into the national territory of information on the data about himself and
present or potential dangerous wastes, and their purpose, registered in public records or
of radioactive ones, is forbidden. data bases, or in private ones intended to
supply information; and in case of false data
Section 42 or discrimination, this action may be filed to
(1) As regards consumption, consumers and users request the suppression, rectification,
of goods and services have the right to the confidentiality or updating of said data. The
protection of their health, safety, and secret nature of the sources of journalistic
economic interests; to adequate and truthful information shall not be impaired.
information; to freedom of choice and (4) When the right damaged, limited, modified,
equitable and reliable treatment. or threatened affects physical liberty, or in
(2) The authorities shall provide for the case of an illegitimate worsening of
protection of said rights, the education for procedures or conditions of detention, or of
consumption, the defense of competition forced missing of persons, the action of habeas
against any kind of market distortions, the corpus shall be filed by the party concerned
control of natural and legal monopolies, the or by any other person on his behalf, and the
control of quality and efficiency of public judge shall immediately make a decision even
utilities, and the creation of consumer and under state of siege.
user associations.
(3) Legislation shall establish efficient procedures [Part II] Second Part Authorities of the
for conflict prevention and settlement, as Nation
well as regulations for national public utilities. Title I Federal Government
Such legislation shall take into account the [Subtitle I] First Division: Legislative
necessary participation of consumer and user Power
associations and of the interested provinces [Chapter 0 General Provision]
in the control entities.
Section 44 [Legislative Power]
Section 43 The Legislative Power of the Nation shall be vested
(1) Any person shall file a prompt and summary in a Congress composed of two Houses, one of
proceeding regarding constitutional Deputies of the Nation and the other of Senators
guarantees, provided there is no other legal for the provinces and for the City of Buenos Aires.
remedy, against any act or omission of the
public authorities or individuals which Chapter I The House of Deputies
currently or imminently may damage, limit,
modify or threaten rights and guarantees Section 45
recognized by this Constitution, treaties or The House of Deputies shall be composed of
laws, with open arbitrariness or illegality. In representatives directly elected by the people of
such case, the judge may declare that the act the provinces, of the City of Buenos Aires, and of
or omission is based on an unconstitutional the Capital City in case of its moving, which for
rule. this purpose are considered as constituencies of a
(2) This summary proceeding against any form single state, and by simple plurality of votes. The
of discrimination and about rights protecting number of representatives shall be one for every
the environment, competition, users and thirty-three thousand inhabitants or fraction not
consumers, as well as about rights of general under sixteen thousand five hundred inhabitants.
public interest, shall be filed by the damaged After each census, Congress shall establish the
party, the ombudsman and the associations representation in accordance with the same, being
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Section 49 Section 55
On this occasion, the Legislatures of the provinces In order to be elected senator the following
shall regulate the means to hold the direct election conditions are required: to have attained to the age
of the deputies of the Nation; in the future, of 30 years, to have been six years a citizen of the
Congress shall enact a general law. Nation, to have an annual income of two thousand
strong pesos or similar revenues, and to be a native
Section 50 of the province electing him or to have two years
Deputies shall hold office for a term of four years of immediate residence therein.
and may be re-elected; but the House shall be
renewed by halves every two years; for this purpose Section 56
those elected for the first legislative session, after Senators shall hold office for a term of six years
meeting, shall draw lots to decide those who shall and may be indefinitely re-elected; but the Senate
leave after the first period. shall be renewed by one-third of the constituencies
every two years.
Section 51
In case of vacancy, the Government of the province Section 57
or of the Capital City shall proceed to call a legal The Vice-President of the Nation shall be President
election for a new member. of the Senate; but he shall have no vote unless in
case of equality of votes.
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10. To regulate the free navigation of inland them. The provinces may jointly exercise
rivers, to authorize the operation of such these powers.
ports as it shall consider necessary, and to set 18. To provide for the prosperity of the country,
up or suppress Customs. for the advance and welfare of all the
11. To coin money, to regulate the value thereof provinces, and for the progress of education,
and that of foreign currency; and to adopt a drawing up general and university educational
uniform standard of weights and measures plans, and promoting industry, immigration,
for the whole Nation. the construction of railways and navigable
12. To enact the Civil, Commercial, Criminal, canals, the colonization of government-
Mining, Labor and Social Security Codes, in owned lands, the introduction and
unified or separate bodies, provided that such establishment of new industries, the imports
codes do not alter local jurisdictions, and their of foreign capital, and the exploration of
enforcement shall correspond to the federal inland rivers, through laws protecting these
or provincial courts depending on the aims and through temporary grants of
respective jurisdictions for persons or things; privileges and stimulating rewards.
and particularly to enact general laws of 19. To provide everything relevant to human
naturalization and nationality for the whole development, economic progress with social
nation, based on the principle of nationality justice, the growth of the national economy,
by birth or by option for the benefit of the creation of jobs, the professional training
Argentina; as well as laws on bankruptcy, of workers, the defense of the currency value,
counterfeiting of currency and public the scientific and technological research and
documents of the State, and those laws that development, their overall diffusion and
may be required to establish trial by jury. beneficial use.
13. To regulate trade with foreign nations, and To provide for the harmonious growth of
of the provinces among themselves. the Nation and the settlement of its territory;
14. To regulate and establish the general post to promote differential policies in order to
offices of the Nation. balance the relative unequal development of
15. To settle definitely the boundaries of the provinces and regions. These initiatives shall
national ter ritory, to fix those of the originate in the Senate.
provinces, to create new ones, and to To enact laws referring to the organization
determine, by special legislation, the and basis of education consolidating national
organization, administration and government unity and respecting provincial and local
that the national territories outside the characteristics; which ensure the state
boundaries assigned to the provinces are to responsibility that cannot be delegated, family
have. and society participation, the fostering of
16. To provide for the security of the frontiers. democratic values and equal opportunities
17. To recognize the ethnic and cultural pre- and possibilities with no discrimination
existence of indigenous peoples of whatsoever; and which guarantee the
Argentina. To guarantee respect for the principles of free and equitable State public
identity and the right to bilingual and education as well as the autonomy and autarky
intercultural education; to recognize the legal of national universities.
capacity of their communities, and the To enact laws protecting the cultural identity
community possession and ownership of the and plurality, the free creation and circulation
lands they traditionally occupy; and to of artistic works of authors, the artistic
regulate the granting of other lands adequate heritage and places devoted to cultural and
and sufficient for human development; none audiovisual activities.
of them shall be sold, transmitted or subject 20. To establish courts inferior to the Supreme
to liens or attachments. To guarantee their Court; to create and suppress employments,
participation in issues related to their natural to fix the duties thereof, to grant pensions,
resources and in other interests affecting
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to decree honors and to grant general abandonment, since pregnancy up to the end
amnesties. of elementary education, and to protect the
21. To accept or reject the reasons for the mother during pregnancy and the period of
resignation of the President or Vice-President lactation.
of the Republic, and declare the need to call 24. To approve treaties of integration which
a new election when required. delegate powers and jurisdiction to
22. To approve or reject treaties concluded with supranational organizations under reciprocal
other nations and international organizations, and equal conditions, and which respect the
and concordats with the Holy See. Treaties democratic order and human rights. The rules
and concordats have a higher hierarchy than derived therefrom have a higher hierarchy
laws. than laws.
The American Declaration of the Rights and The approval of these treaties with Latin
Duties of Man; the Universal Declaration American States shall require the absolute
of Human Rights; the American Convention majority of all the members of each House.
on Human Rights; the International Pact on In the case of treaties with other States, the
Economic, Social and Cultural Rights; the National Congress, with the absolute majority
International Pact on Civil and Political of the members present of each House, shall
Rights and its empowering Protocol; the declare the advisability of the approval of
Convention on the Prevention and the treaty which shall only be approved with
Punishment of Genocide; the International the vote of the absolute majority of all the
Convention on the Elimination of all Forms members of each House, one hundred and
of Racial Discrimination; the Convention on twenty days after said declaration of
the Elimination of all Forms of advisability.
Discrimination against Woman; the The denouncement of the treaties referred
Convention against Torture and other Cruel, to in this subsection shall require the prior
Inhuman or Degrading Treatments or approval of the absolute majority of all the
Punishments; the Convention on the Rights members of each House.
of the Child; in the full force of their 25. To authorize the Executive Power to declare
provisions, they have constitutional war or make peace.
hierarchy, do no repeal any section of the 26. To empower the Executive Power to order
First Part of this Constitution and are to be reprisals and to make rules concerning the
understood as complementing the rights and booty.
guarantees recognized herein. They shall only 27. To establish the Armed Forces in times of
be denounced, in such event, by the National peace and war; and to make rules for their
Executive Power after the approval of two- organization and government.
thirds of all the members of each House. 28. To authorize the entry of foreign troops into
In order to attain constitutional hierarchy, the territory of the Nation and to allow
the other treaties and conventions on human national troops to leave the country.
rights shall require the vote of two-thirds of 29. To declare in state of siege one or several
all the members of each House, after their parts of the Nation in case of domestic
approval by Congress. commotion, and to approve or suspend the
23. To legislate and promote positive measures state of siege declared by the Executive
guaranteeing true equal opportunities and Power during a recess of Congress.
treatment, the full benefit and exercise of 30. To exercise exclusive legislation over the
the rights recognized by this Constitution and territory of the Capital City of the Nation
by the international treaties on human rights and to enact the legislation necessary for the
in force, particularly referring to children, achievement of the specific ends of premises
women, the aged, and disabled persons. of national interest in the territory of the
To issue a special and integral social security Republic. Provincial and municipal
system to protect children from authorities shall hold power to levy taxes and
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power of police over these premises, insofar absolute majority of all its members. With equal
as they do not interfere with the achievement number of votes, the House may revoke the powers
of those ends. delegated and return to the ordinary procedure.
31. To order the federal intervention of a The committee approval shall require the vote of
province or of the City of Buenos Aires. the absolute majority of all its members. Once the
To approve or revoke the intervention decreed bill is approved by the committee, the ordinary
by the Executive Power during its recess. procedures shall be followed.
32. To make all appropriate laws and rules to put
into effect the aforementioned powers, and Section 80
all other powers granted by this Constitution Any bill not returned within ten working days is to
to the Government of the Argentine Nation. be considered approved by the Executive Power.
When a bill is partially rejected, the remaining part
Section 76 shall not be approved. However, non-vetoed parts
(1) The legislative powers shall not be delegated may only be promulgated if they have normative
to the Executive Power save for issues autonomy and if their partial approval does not
concerning administration and public alter the spirit or the unity of the bill approved by
emergency, with a specified term for their Congress. In this case, the procedure foreseen for
exercise and according to the delegating decrees of necessity and urgency shall be applicable.
conditions established by Congress.
(2) The expiration of the term foreseen in the Section 81
previous paragraph shall not imply the revision No bill wholly rejected by either House shall be
of the legal relationships emerging from the reintroduced in the legislative session of the same
rules issued as a result of the powers delegated year. No House shall totally reject a bill originated
by Congress. in it and later added or amended by the revising
House. If the bill were subject to additions and
Chapter V Making and enactment of laws amendments by the revising House, the result of
the voting shall be made known in order to state if
Section 77 such additions or amendments were made by the
(1) Laws shall originate in either House of absolute majority or by two-thirds of the members
Congress, through bills introduced by their present. With the absolute majority of its members
members or by the Executive Power, save present, the originating House shall approve the
for the exceptions established in this bill with the additions or amendments made or
Constitution. insist on the original text, unless the additions or
(2) Bills modifying the electoral system and that amendments were made by the revising House with
of political parties shall be approved by the two-thirds of those members present. In such a
absolute majority of all the members of the case, the bill shall be sent to the Executive Power
Houses. with the additions or amendments of the revising
House, unless the originating House were to insist
Section 78 on the original text with the vote of two-thirds of
When a bill is passed by the House in which it the members present. The originating House shall
originated, it is sent to the other House for its not include new additions or amendments to those
debate. Once approved by both, it is sent to the already made by the revising House.
Executive Power of the Nation for its
examination; and if it is also approved, it shall Section 82
become a law. The will of each House shall be expressly stated;
the tacit or fictitious approval is excluded in all
Section 79 cases.
After the general approval of a bill, each House is
empowered to delegate to its committees the
detailed approval of said bill with the vote of the
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Section 90 Section 96
The President and Vice-President shall hold their The second ballot, when appropriate, shall be held
offices for the term of four years; and they may be between the two voting formulas of the most
re- elected or may succeed each other for only one voted candidates, within thirty days of the previous
consecutive term. If they have been re-elected or election.
they have succeeded each other, they cannot be
elected for either of these two positions but with Section 97
the interval of one term. If in the first ballot the most voted formula obtains
more than forty-five per cent of the affirmative
Section 91 votes validly cast, its members shall be proclaimed
The President of the Nation shall cease to exercise President and Vice-President of the Nation.
power on the same day his four-years term expires;
no event that may have interrupted it shall Section 98
constitute grounds for completing the term later. If in the first ballot the most voted formula obtains
at least forty per cent of the affirmative votes
Section 92 validly cast, and there is a difference of more than
The President and Vice-President receive a ten per cent regarding all the affirmative votes
remuneration paid out of the Treasury of the validly cast for the formula following in number
Nation, which shall not be altered during their term of votes, its members shall be proclaimed President
of office. During this same period they shall neither and Vice-President of the Nation.
hold any other office nor receive any other
emolument from the Nation or from any province Chapter III Powers of the Executive
whatsoever. Branch
Section 93 Section 99
On assuming office, the President and Vice- The President of the Nation has the following
President shall take oath before the President of powers:
the Senate and before Congress assembled, 1. He is the supreme head of the Nation, head
respecting their religious beliefs, to: “perform with of the government and he is politically
loyalty and patriotism the office of President (or responsible for the general administration of
Vice-President) of the Nation, and to faithfully the country.
observe the Constitution of the Argentine Nation, 2. He issues the instructions and rules necessary
and to cause it to be observed. for the enforcement of the laws of the
nation, without altering their spirit with
Chapter II Procedure and time of the regulatory exceptions.
election of President and Vice-President 3. He takes part in the making of laws according
of the Nation to the Constitution, promulgates them and
has them published.
Section 94 The Executive Power shall in no event issue
The President and Vice-President of the Nation provisions of legislative nature, in which case
shall be directly elected by the people, by second they shall be absolutely and irreparably null
and void.
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Only when due to exceptional circumstances 6. He may grant pensions, retirements, leaves
the ordinary procedures foreseen by this of absence, and widowed pensions according
Constitution for the enactment of laws are to the laws of the Nation.
impossible to be followed, and when rules 7. He appoints and removes ambassadors,
are not referred to criminal issues, taxation, ministers plenipotentiary and commercial
electoral matters, or the system of political attaches with the consent of the Senate; on
parties, he shall issue decrees on grounds of his own account, he appoints and removes
necessity and urgency, which shall be decided the Chief of the Ministerial Cabinet and the
by a general agreement of ministers who shall Ministers, the officers of his Secretariat,
countersign them together with the Chief of consular agents, and other employees whose
the Ministerial Cabinet. appointments are not otherwise regulated by
Within the term of ten days, the Chief of this Constitution.
the Ministerial Cabinet shall personally 8. He annually performs the opening of the
submit the decision to the consideration of legislative session of Congress, both Houses
the Joint Standing Committee of Congress, being assembled for this purpose, reporting
which shall be composed according to the on this occasion on the state of the Nation,
proportion of the political representation of on amendments promised by the
the parties in each House. Within the term Constitution, and recommending for
of ten days, this committee shall submit its consideration the measures he deems
report to the plenary meeting of each House necessary and advisable.
for its specific consideration and it shall be 9. He extends the ordinary legislative session
immediately discussed by both Houses. A of Congress, or convokes to an extraordinary
special law enacted with the absolute majority one when some serious order or progress
of all the members of each House shall interest so requires it.
regulate the procedure and scope of Congress 10. He oversees the performance of the duties
participation. of the Chief of the Ministerial Cabinet as
4. He appoints the justices of the Supreme Court regards the collection of the revenues of the
with the consent of the Senate by two-thirds Nation, and their investment according to
of its members present, in a public meeting the law or budget of national expenditures.
convoked to this effect. 11. He concludes and signs treaties, concordats
He appoints the other judges of the lower and other agreements required for the
federal courts according to a binding proposal maintenance of good relations with
consisting of a list of three candidates international organizations and foreign
submitted by the Council of Magistracy, with powers, he receives their ministers and admits
the consent of the Senate in a public meeting, their consuls.
in which the qualifications of the candidates 12. He is commander-in-chief of all the Armed
shall be taken into account. Forces of the Nation.
Once they have attained to the age of seventy 13. He provides for the military posts of the
five years, a new appointment, with the same Nation: with the consent of the Senate, he
consent, shall be necessary so that they may grants posts or ranks for the higher officers
continue in office. Judges of that age or over of the Armed Forces; and on his own account,
shall be appointed for five years, and may be he has the same faculties in the battlefield.
indefinitely re- appointed by this same 14. He has the control of the Armed Forces and
procedure. is in charge of their organization and
5. He may grant pardons or commute distribution, according to the needs of the
punishments for crimes subject to federal Nation.
jurisdiction, after the report of the 15. He declares war and orders reprisals with the
corresponding court, except in cases of consent and approval of Congress. 16. In the
impeachment by the House of Deputies. event of foreign attack, he declares, with the
consent of the Senate, one or more places of
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the Nation in state of siege for a limited countersigned by the pertinent secretary
period. In the event of domestic disorder, he minister to which the act or rule refers.
only exerts this power when Congress is in 3. To appoint the employees of the
recess, since this is a power pertaining to this Administration, except for those
body. The President exercises it under the pertaining to the President.
limitations prescribed in Section 23. 17. He 4. To exercise the functions and powers
may request whatever information he may delegated to him by the President of the
consider proper from the Chief of the Nation and, in cabinet agreement, to
Ministerial Cabinet and from the heads of all decide about matters that the Executive
branches and departments of the Power may indicate to him or, on his
Administration, and through them, from own account, about those he deems it
other employees. They are compelled to necessary due to their importance, within
supply such information. the scope of his jurisdiction.
18. He may leave the territory of the Nation 5. To coordinate, prepare and convoke the
with the consent of Congress. During the meetings of the ministerial cabinet,
recess of the latter, he may only do so without presiding at them in the absence of the
permission on justified grounds of public President.
interest. 6. To submit to Congress the bills on
19. He is empowered to fill vacancies requiring Ministries and National Budget, with
the consent of the Senate and occurring their prior consideration in cabinet
during its recess, by means of appointments agreement and their approval by the
on commission expiring at the end of the Executive Power.
next legislative session. 7. To have the revenues of the Nation
20. He decrees the federal intervention of a collected and to enforce the National
province or of the City of Buenos Aires in Budget Act.
the event of the recess of Congress, and 8. To countersign regulatory decrees of the
simultaneously he must convoke the latter to laws, decrees to extend the ordinary
consider such intervention. legislative session of Congress or to
convoke to an extraordinary one, and the
Chapter IV The Chief of the Ministerial messages of the President supporting
Cabinet and other Ministers of the legislative initiatives.
Executive Power 9. To attend the meetings of Congress and
take part in its debates, but not to vote.
Section 100 10. Once the ordinary legislative session of
(1) The Chief of the Ministerial Cabinet and the Congress has begun, to submit together
other secretary ministers, whose number and with the other ministers a detailed report
powers shall be determined by a special law, on the state of the Nation regarding the
shall be in charge of the business of the business of the respective departments.
Nation and shall countersign and legalize the 11. To give such oral and written reports and
acts of the President with their signatures, explanations that either of the Houses
which are essential to become effective. may request from the Executive Power.
(2) The Chief of the Ministerial Cabinet, 12. To countersign decrees about powers
politically liable before the National delegated by Congress, which shall be
Congress, is empowered: under the control of the Joint Standing
1. To exercise the general administration of Committee.
the country. 13. To countersign, together with the other
2. To perform the acts and issue the rules ministers, decrees of necessity and
necessary to exercise the powers granted urgency and decrees on partial
by this section as well as those delegated promulgation of laws. Within ten days
by the President of the Nation, being of their approval, he shall personally
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submit these decrees to the consideration [Subtitle III] Third Division: The Judicial
of the Joint Standing Committee. Power
(3) The Chief of the Ministerial Cabinet shall Chapter I Its nature and duration
not be simultaneously appointed to another
ministry. Section 108
The Judicial Power of the Nation shall be vested
Section 101 in a Supreme Court and in such lower courts as
The Chief of the Ministerial Cabinet shall attend Congress may constitute in the territory of the
Congress at least once a month, alternating between Nation.
each House, to report on the progress of the
government, notwithstanding the provisions of Section 109
Section 71. He may be interpellated for the purpose In no case the President of the Nation shall exercise
of considering a vote of censure, by the vote of judicial functions, assume jurisdiction over pending
the absolute majority of all the members of either cases, or reopen those already adjudged.
House, and he may be removed by the vote of the
absolute majority of the members of each House. Section 110
The Justices of the Supreme Court and the judges
Section 102 of the lower courts of the Nation shall hold their
Each minister shall be responsible for the acts he offices during good behavior, and shall receive for
legalizes; and shall be jointly responsible for those their services a remuneration to be ascertained by
he agrees on with his colleagues. law and which shall not be diminished in any way
while holding office.
Section 103
Ministers shall in no case adopt resolutions on their Section 111
own account, except in relation to matters To be a member of the Supreme Court it is necessary
concerning the economic and administrative affairs to be a lawyer of the Nation, with eight years of
of their respective departments. practice, and with the same qualifications required
to be a senator.
Section 104
After the opening of the legislative session, the Section 112
ministers of the Cabinet shall submit to Congress a On occasion of the first installation of the Supreme
detailed report on the state of the Nation regarding Court, the persons designated shall take an oath
the business of their respective departments. before the President of the Nation, to perform
their duties, to administer justice in a proper and
Section 105 faithful manner, and in accordance with the
The ministers shall be neither senators nor deputies provisions of the Constitution. In the future, they
without resigning their offices as ministers. shall take the oath before the Chief Justice of the
Court.
Section 106
Ministers may attend the meetings of Congress and Section 113
take part in its debates, but shall not vote. The Supreme Court shall issue its own internal
regulations, and appoint its subordinate employees.
Section 107
They shall receive for their services a remuneration Section 114
established by law, which shall neither be increased (1) The Council of Magistracy, ruled by a special
nor diminished in favor or to the detriment of the law enacted by the absolute majority of all
incumbents. the members of each House, shall be in charge
of the selection of the judges and of the
administration of the Judicial Power.
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(2) The Council shall be periodically constituted Chapter II Powers of the Judiciary
so as to achieve the balance among the
representation of the political bodies arising Section 116
from popular election, of the judges of all The Supreme Court and the lower courts of the
instances, and of the lawyers with federal Nation are empowered to hear and decide all cases
registration. It shall likewise be composed of arising under the Constitution and the laws of the
such other scholars and scientists as indicated Nation, with the exception made in Section 75,
by law in number and form. subsection 12, and under the treaties made with
(3) It is empowered: foreign nations; all cases concerning ambassadors,
1. To select the candidates to the lower public ministers and foreign consuls; cases related
courts by public competition. to admiralty and maritime jurisdiction; matters in
2. To issue proposals in binding lists of three which the Nation shall be a party; actions arising
candidates for the appointment of the between two or more provinces, between one
judges of the lower courts. province and the inhabitants of another province,
3. To be in charge of the resources and to between the inhabitants of different provinces,
administer the budget assigned by law to and between one province or the inhabitants
the administration of justice. thereof against a foreign state or citizen.
4. To apply disciplinary measures to judges.
5. To decide the opening of the proceedings Section 117
for the removal of judges, when In the aforementioned cases the Supreme Court
appropriate to order their suspension, and shall have appellate jurisdiction, with such
to make the pertinent accusation. regulations and exceptions as Congress may
6. To issue the rules about the judicial prescribe; but in all matters concerning foreign
organization and all those necessary to ambassadors, ministers and consuls, and in those in
ensure the independence of judges and which a province shall be a party, the Court shall
the efficient administration of justice. have original and exclusive jurisdiction.
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[Subtitle IV] Fourth Division: The Public of the Nation. The City of Buenos Aires shall
Ministr y have the regime which is to be established to
that effect.
Section 120 (2) The provinces have the original dominion
(1) The Public Ministry is an independent body over the natural resources existing in their
with functional autonomy and financial territory.
autarky, with the function of promoting the
participation of justice for the defense of Section 125
the legal character of the general interests of (1) The provinces may enter into partial treaties
society, in coordination with the other for purposes of the administration of justice,
authorities of the Republic. of economic interests, and works of common
(2) It is composed of an Attorney General of benefit, with the knowledge of the Federal
the Nation and a General Defender of the Congress; and may promote their industry,
Nation, and such other members as the law immigration, the construction of railways
may establish. and navigable canals, the colonization of
(3) Its members enjoy functional immunities and provincial-owned lands; the introduction and
intangibility of remunerations. establishment of new industries, the imports
of foreign capitals and the exploration of
Title II Provincial Governments their rivers, by means of laws protecting these
ends and with their own resources.
Section 121 (2) The provinces and the City of Buenos Aires
The provinces reserve to themselves all the powers may continue with their own social security
not delegated to the Federal Government by this entities for civil servants and professionals;
Constitution, as well as those powers expressly and may promote economic progress, human
reserved to themselves by special pacts at the time development, creation of jobs, education,
of their incorporation. science, knowledge and culture.
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facto hostilities are acts of civil war, considered as [Section 3] Third Referring to Section 39
sedition or mutiny, which the Federal Government The law regulating the exercise of the popular
must suppress and punish in accordance with the initiative shall be approved within eighteen months
law. of this enactment.
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(6) In all cases, the candidates for senators shall legislative powers which it holds according to
be proposed by the political parties or Section 129.
electoral alliances. The fulfillment of the
legal and statutory requirements to be [Section 8] Eighth Referring to Section 76
declared candidate shall be certified by the The preexisting delegated legislation with no
National Electoral Court and reported to the specified term for its application shall expire after
Legislature. this provision had been in force for five years,
(7) Whenever a national senator is elected a except for that legislation expressly ratified by the
deputy senator shall be designated, who shall National Congress through a new law.
take office in the cases foreseen in Section
62. [Section 9] Ninth Referring to Section 90
(8) The senators elected due to the application The tenure of the president holding office at the
of this temporary provision shall hold office time of the enactment of this reform shall be
until December nine, two thousand and one. considered the first term.
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