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![]() 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.
The Argentine Nation adopts
the federal republican representative form of government, as this
Constitution
establishes.
The Federal Government supports
the Roman Catholic Apostolic religion.
The authorities in charge
of the Federal Government shall reside in the city to be declared
Capital
of the Republic by a special law of Congress, once settled the cession
of the territory to be federalized by one or more provincial
legislatures.
The Federal Government provides
for the expenditures of the Nation with the funds of the National
Treasury,
composed of the proceeds of export and import duties, the sale or lease
of lands owned by the Nation, the revenues of the Posts, other taxes
equitably
and proportionally levied on the population by the National Congress,
and
of whatever loans and credit transactions Congress may order in case of
national emergencies or for enterprises of national interest.
Each province shall enact
its own constitution under the republican, representative system, in
accordance
with the principles, declarations, and guarantees of the National
Constitution,
ensuring its administration of justice, municipal regime, and
elementary
education. Under these conditions, the Federal Government shall
guarantee
each province the full exercise of its institutions.
The Federal Government may
intervene in the territory of the provinces in order to guarantee the
republican
form of government or to repel foreign invasions; and at the request of
their constituted authorities, it may intervene to support or
reestablish
them, should they have been deposed by sedition or invasion from
another
province.
The public acts and judicial
proceedings of one province are worthy of full faith in the others; and
Congress may, by general laws, prescribe the manner in which such acts
and proceedings shall be proved and the legal effects thereof.
The citizens of each province
shall be entitled to all rights, privileges, and immunities inherent in
the condition of citizen in the other provinces. The extradition of
criminals
is a reciprocal obligation among all the provinces.
Throughout the territory
of the Nation there shall be no other Customs than the national ones,
in
which the tariffs enacted by Congress shall be in force.
The circulation of goods
of national production or manufacture is free from duties throughout
the
Republic, as well as the circulation of articles and merchandise of all
kinds cleared in the national Customs.
Goods of national or foreign
production or manufacture, as well as livestock of all kinds, that may
pass through the territory of one province to another, shall be free
from
the so called transit duties, the same as the carriages, vessels or
beasts
in or on which they are transported; and no other duty, whatever its
name
may be, shall be imposed on them by reason of their passing through the
territory.
Vessels sailing from one
province to another shall not be bound to enter, anchor, or pay transit
duties; and no preference shall be granted in any case to any port in
respect
of another, by means of trading laws or regulations.
New provinces may be admitted
into the Nation; but a new province shall neither be established within
the territory of another province or provinces, nor be formed from
several,
without the consent of the legislatures of the provinces concerned as
well
as that of Congress.
All the inhabitants of the
Nation are entitled to the following rights, in accordance with the
laws
that regulate their exercise, namely: to work and perform any lawful
industry;
to navigate and trade; to petition the authorities; to enter, remain
in,
travel through, and leave the Argentine territory; to publish their
ideas
through the press without previous censorship; to make use and dispose
of their property; to associate for useful purposes; to profess freely
their religion; to teach and to learn.
(1) Labor in its several forms shall be protected by law, which shall ensure to workers: dignified and equitable working conditions; limited working hours; paid rest and vacations; fair remuneration; minimum vital and adjustable 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 the civil servant; free and democratic labor union organizations recognized by the mere registration in a special record. (2) Trade unions are hereby guaranteed: the right to enter into collective labor bargains; to resort to conciliation and arbitration; the right to strike. Union representatives shall have the guarantees necessary for carrying out their union tasks and those related to the stability of their employment. (3) The State shall grant
the benefits of social security, which shall be of an integral nature
and
may not be waived. In PARTicular, the laws shall establish: compulsory
social insurance, which shall be in charge of national or provincial
entities
with financial and economic autonomy, administered by the interested PARTies
with State PARTicipation, with no overlapping of contributions;
adjustable
retirements and pensions; full family protection; protection of
homestead;
family allowances and access to a worthy housing.
In the Argentine Nation there
are no slaves: the few who still exist shall become free as from the
swearing
of his Constitution; and a special law shall regulate whatever
compensation
this declaration may give rise to. Any contract for the purchase and
sale
of persons is a crime for which the PARTies shall be liable, as well as
the notary or officer authorizing it. And slaves who by any means enter
the nation shall be free by the mere fact of entering the territory of
the Republic.
The Argentine Nation admits
neither blood nor birth prerogatives: there are neither personal
privileges
nor titles of nobility. All its inhabitants are equal before the law,
and
admissible to employment without any other requirement than their
ability.
Equality is the basis of taxation and public burdens.
Property may not be violated,
and no inhabitant of the Nation can be deprived of it except by virtue
of a sentence based on law. Expropriation for reasons of public
interest
must be authorized by law and previously compensated. Only Congress
levies
the taxes mentioned in SECTION 4. No personal service can be requested
except by virtue of a law or sentence based on law. Every author or
inventor
is the exclusive owner of his work, invention, or discovery for the
term
granted by law. The confiscation of property is hereby abolished
forever
from the Argentine Criminal Code. No armed body may make requisitions
nor
demand assistance of any kind.
No inhabitant of the Nation
may be punished without previous trial based on a law enacted before
the
act that gives rise to the process, nor tried by special committees,
nor
removed from the judges appointed by law before the act for which he is
tried. Nobody may be compelled to testify against himself, nor be
arrested
except by virtue of a written warrant issued by a competent authority.
The defense by trial of persons and rights may not be violated. The
domicile
may not be violated, as well as the written correspondence and private
papers; and a law shall determine in which cases and for what reasons
their
search and occupation shall be allowed. Death penalty for political
causes,
any kind of tortures and whipping, are forever abolished. The prisons
of
the Nation shall be healthy and clean, for the security and not for the
punishment of the prisoners confined therein; and any measure taken
with
the pretext of precaution which may lead to mortify them beyond the
demands
of security, shall render liable the judge who authorizes it.
The private actions of men
which in no way offend public order or morality, nor injure a third PARTy,
are only reserved to God and are exempted from the authority of judges.
No inhabitant of the Nation shall be obliged to perform what the law
does
not demand nor deprived of what it does not prohibit.
Foreigners enjoy within the
territory of the Nation all the civil rights of citizens; they may
exercise
their industry, trade and profession; own real property, buy and sell
it;
navigate the rivers and coasts; practice freely their religion; make
wills
and marry under the laws. They are not obliged to accept citizenship
nor
to pay extraordinary compulsory taxes. They may obtain naturalization
papers
residing two uninterrupted years in the Nation; but the authorities may
shorten this term in favor of those so requesting it, alleging and
proving
services rendered to the Republic.
Every Argentine citizen is
obliged to bear arms in defense of the fatherland and of this
Constitution,
in accordance with the laws issued by Congress and the Decrees of the
National
Executive Power to this effect. Citizens by naturalization are free to
render or not this service for a period of ten years as from the date
they
obtain naturalization papers.
The people neither deliberate
nor govern except through their representatives and authorities
established
by this Constitution. Any armed force or meeting of persons assuming
the
rights of the people and petitioning in their name, commits the crime
of
sedition.
In the event of domestic
disorder or foreign attack endangering the full enforcement of this
Constitution
and of the authorities hereby established, the province or territory
which
is in a turmoil shall be declared in state of siege and the
constitutional
guarantees shall be suspended therein. But during such a suspension the
President of the Republic shall not pronounce judgment or apply
penalties
on his own. In such case, his power shall be limited, with respect to
persons,
to their arrest or transfer from one place of the Nation to another,
should
they not prefer to leave the Argentine territory.
Congress shall promote the
reform of the present legislation in all its branches, and the
establishment
of trial by jury.
The Federal Government shall
foster European immigration; and may not restrict, limit or burden with
any tax whatsoever, the entry into the Argentine territory of
foreigners
who arrive for the purpose of tilling the soil, improving industries,
and
introducing and teaching arts and sciences.
Navigation of the inland
rivers of the Nation is free for all flags, only subject to the
regulations
issued by the national authority.
The Federal Government is
under the obligation to strengthen its relationships of peace and trade
with foreign powers, by means of treaties in accordance with the
principles
of public law laid down by this Constitution.
The principles, guarantees
and rights recognized in the preceding SECTIONs shall not be modified
by
the laws that regulate their enforcement.
Congress may not vest on
the National Executive Power - nor may the provincial legislatures vest
on the provincial governors - extraordinary powers or the total public
authority; it may not grant acts of submission or supremacy whereby the
life, honor, or wealth of the Argentine people will be at the mercy of
governments or any person whatsoever. Acts of this nature shall be
utterly
void, and shall render those who formulate them, consent to them or
sign
them, liable to be condemned as infamous traitors to their fatherland.
The Constitution may be totally
or PARTially amended. The necessity of reform must be declared by
Congress
with the vote of at least two-thirds of the members; but it shall not
be
carried out except by an Assembly summoned to that effect.
This Constitution, the laws
of the Nation enacted by Congress in pursuance thereof, and treaties
with
foreign powers, are the supreme law of the Nation; and the authorities
of each province are bound thereby, notwithstanding any provision to
the
contrary included in the provincial laws or constitutions, except for
the
province of Buenos Aires, the treaties ratified after the Pact of
November
11, 1859.
The Federal Congress shall
not enact laws restricting the freedom of printing or establishing
federal
jurisdiction over it.
The declarations, rights
and guarantees which the Constitution enumerates shall not be construed
as a denial of other rights and guarantees not enumerated, but rising
from
the principle of sovereignty of the people and from the republican form
of government.
The judges of the federal
courts cannot at the same time hold an office in the provincial courts.
The federal service, whether civil or military, shall not grant a right
of residence in the province in which it is performed unless it is
where
the employee habitually resides, this provision being understood as
pertaining
to the right to choose employments in the province in which he
accidentally
happens to be.
The denominations successively
adopted from 1810 up to the present, namely: "United Provinces of the
River
Plate"; "Argentine Republic"; "Argentine Confederation", shall
henceforth
be official names to be indistinctly used for the designation of the
government
and territory of the provinces, the words "Argentine Nation" being used
in the making and enactment of laws.
(1) This Constitution shall rule even when its observance is interrupted by acts of force against the institutional order and the democratic system. These acts shall be irreparably null. (2) Their authors shall be punished with the penalty foreseen in SECTION 29, disqualified in perpetuity from holding public offices and excluded from the benefits of pardon and commutation of sentences. (3) Those who, as a consequence of these acts, were to assume the powers foreseen for the authorities of this Constitution or for those of the provinces, shall be punished with the same penalties and shall be civil and criminally liable for their acts. The respective actions shall not be subject to prescription. (4) All citizens shall have the right to oppose resistance to those committing the acts of force stated in this SECTION. (5) He who, procuring personal enrichment, incurs in serious fraudulent offense against the Nation shall also attempt against the democratic system, and shall be disqualified to hold public office for the term specified by law. (6) Congress shall enact
a law on public ethics which shall rule the exercise of public office.
(2) Actual equality of opportunities
for men and women to elective and political PARTy positions shall be
guaranteed
by means of positive actions in the regulation of political PARTies and
in the electoral system.
(1) Political PARTies are basic institutions of the democratic system. (2) This Constitution guarantees the free establishment and exercise of their activities, as well as their democratic organization and performance, representation of minority groups, competition for those standing as candidates for elective public positions, access to public information and communication of their ideas. (3) The State contributes to the economic support of their activities and the training of their leaders. (4) Political PARTies shall
make public the source and destiny of their funds and assets.
(1) Citizens shall have the right to introduce bills before the House of Deputies. Congress shall consider them within the term of twelve months. (2) Congress shall enact, with the vote of the absolute majority of all the members of each House, a regulatory law that cannot demand more than three per cent of the national voters register, which shall be consistent with an adequate territorial distribution in order to support the initiative. (3) Bills referring to constitutional
reform, international treaties, taxation, budget, and criminal
legislation
shall not originate in popular initiatives.
(1) At the initiative of the House of Deputies, Congress may submit a bill to popular consultation. The law calling said consultation shall not be vetoed. With the affirmative vote of the people of the Nation, the bill shall become a law and its promulgation shall be automatic. (2) Congress or the President of the Nation, according to their respective powers, shall call a non-binding popular consultation. In this case voting shall not be compulsory. (3) With the vote of the
absolute majority of all the members of each House, Congress shall
regulate
the subjects, procedures and time of the popular consultation.
(1) All inhabitants are entitled to the right to a healthy and balanced environment fit for human development in order that productive activities shall meet present needs without endangering those of future generations; and shall have the duty to preserve it. As a first priority, environmental damage shall bring about the obligation to repair it according to law. (2) The authorities shall provide for the protection of this right, the rational use of natural resources, the preservation of the natural and cultural heritage and of the biological diversity, and shall also provide for environmental information and education. (3) The Nation shall regulate the minimum protection standards, and the provinces those necessary to reinforce them, without altering their local jurisdictions. (4) The entry into the national
territory of present or potential dangerous wastes, and of radioactive
ones, is forbidden.
(1) As regards consumption, consumers and users of goods and services have the right to the protection of their health, safety, and economic interests; to adequate and truthful information; to freedom of choice and equitable and reliable treatment. (2) The authorities shall provide for the protection of said rights, the education for consumption, the defense of competition against any kind of market distortions, the control of natural and legal monopolies, the control of quality and efficiency of public utilities, and the creation of consumer and user associations. (3) Legislation shall establish
efficient procedures for conflict prevention and settlement, as well as
regulations for national public utilities. Such legislation shall take
into account the necessary PARTicipation of consumer and user
associations
and of the interested provinces in the control entities.
(1) Any person shall file a prompt and summary proceeding regarding constitutional guarantees, provided there is no other legal remedy, against any act or omission of the public authorities or individuals which currently or imminently may damage, limit, modify or threaten rights and guarantees recognized by this Constitution, treaties or laws, with open arbitrariness or illegality. In such case, the judge may declare that the act or omission is based on an unconstitutional rule. (2) This summary proceeding against any form of discrimination and about rights protecting the environment, competition, users and consumers, as well as about rights of general public interest, shall be filed by the damaged PARTy, the ombudsman and the associations which foster such ends registered according to a law determining their requirements and organization forms. (3) Any person shall file this action to obtain information on the data about himself and their purpose, registered in public records or data bases, or in private ones intended to supply information; and in case of false data or discrimination, this action may be filed to request the suppression, rectification, confidentiality or updating of said data. The secret nature of the sources of journalistic information shall not be impaired. (4) When the right damaged,
limited, modified, or threatened affects physical liberty, or in case
of
an illegitimate worsening of procedures or conditions of detention, or
of forced missing of persons, the action of habeas corpus shall be
filed
by the PARTy concerned or by any other person on his behalf, and the
judge
shall immediately make a decision even under state of siege.
The Legislative Power of
the Nation shall be vested in a Congress composed of two Houses, one of
Deputies of the Nation and the other of Senators for the provinces and
for the City of Buenos Aires.
The House of Deputies shall
be composed of representatives directly elected by the people of the
provinces,
of the City of Buenos Aires, and of the Capital City in case of its
moving,
which for this purpose are considered as constituencies of a single
state,
and by simple plurality of votes. The number of representatives shall
be
one for every thirty-three thousand inhabitants or fraction not under
sixteen
thousand five hundred inhabitants. After each census, Congress shall
establish
the representation in accordance with the same, being empowered to
increase
but not to decrease the basis indicated for each deputy.
The deputies for the first
legislative session shall be appointed in the following proportion: for
the province of Buenos Aires, twelve; for that of Córdoba, six;
for that of Catamarca, three; for that of Corrientes, four; for that of
Entre Ríos, two; for that of Jujuy, two; for that of Mendoza,
three;
for that of La Rioja, two; for that of Salta, three; for that of
Santiago,
four; for that of San Juan, two; for that of Santa Fe, two; for that of
San Luis, two; and for that of Tucumán, three.
For the second legislative
session a general census shall be carried out and the number of
deputies
shall be arranged according thereto; but this census shall only be
renewed
every ten years.
In order to be a deputy it
is necessary to have attained to the age of 25 years; to have been four
years a fully qualified citizen; and to be a native of the province
electing
him or to have two years of immediate residence therein.
On this occasion, the Legislatures
of the provinces shall regulate the means to hold the direct election
of
the deputies of the Nation; in the future, Congress shall enact a
general
law.
Deputies shall hold office
for a term of four years and may be re-elected; but the House shall be
renewed by halves every two years; for this purpose those elected for
the
first legislative session, after meeting, shall draw lots to decide
those
who shall leave after the first period.
In case of vacancy, the Government
of the province or of the Capital City shall proceed to call a legal
election
for a new member.
All bills for raising revenue
and for the recruitment of troops shall exclusively originate in the
House
of Deputies.
Only the House of Deputies
has the power to impeach before the Senate the President, the
Vice-President,
the Chief of the Ministerial Cabinet, the Ministers, and the Justices
of
the Supreme Court, in such cases of responsibility as are brought
against
them for misconduct or crimes committed in the fulfillment of their
duties;
or for ordinary crimes, after having known about them and after the
decision
to bring an action had been voted by a majority of two-thirds of its
members
present.
The
Senate shall be composed
of three senators for each province, and three for the City of Buenos
Aires,
jointly and directly elected, corresponding two seats to the political
PARTy obtaining the majority of votes, and the other seat to the
political PARTy following in number of votes. Each senator shall have
one vote.
In order to be elected senator
the following conditions are required: to have attained to the age of
30
years, to have been six years a citizen of the Nation, to have an
annual
income of two thousand strong pesos or similar revenues, and to be a
native
of the province electing him or to have two years of immediate
residence
therein.
Senators shall hold office
for a term of six years and may be indefinitely re-elected; but the
Senate
shall be renewed by one-third of the constituencies every two years.
The Vice-President of the
Nation shall be President of the Senate; but he shall have no vote
unless
in case of equality of votes.
The Senate shall appoint
a President pro tempore to preside it in case of absence of the
Vice-President,
or when he holds the office of President of the Nation.
The Senate is empowered to
judge in public trial those impeached by the House of Deputies, its
members
being on oath for the case. When the President of the Nation is
impeached,
the Senate shall be presided by the Chief Justice of the Supreme Court.
No person shall be declared guilty without the majority of two-thirds
of
the members present.
The judgment shall not extend
further than to remove the accused person from office, and to
disqualify
him to hold any office of honor, trust, or profit in the Nation. But
the PARTy declared guilty shall, nevertheless, be subject to accusation,
trial,
and punishment according to law before the ordinary courts.
In case of foreign attack,
the Senate is also empowered to authorize the President of the Nation
to
declare in state of siege one or several places of the Republic.
When any vacancy occurs in
the Senate because of death, resignation or other cause, the government
to which the vacancy belongs shall immediately call an election for a
new
member.
Both Houses shall assemble,
on their own account, every year in ordinary legislative session from
March
1 until November 30. The President of the Nation may convoke to
extraordinary
legislative session or extend the ordinary one.
Each House shall be the judge
of the elections, rights and qualifications of its members, as regards
their validity. Neither of them shall meet without the absolute
majority
of its members; but a smaller number may compel the absent members to
attend
the meetings, in the terms and under the penalties as each House may
provide.
Both Houses begin and conclude
their legislative session simultaneously. Neither of them, while they
sit,
shall adjourn its meetings for more than three days without the consent
of the other.
Each House shall make its
rules of proceedings, and with the concurrence of two-thirds may
correct
any one of its members for disorderly behavior in the exercise of his
duties,
or can remove him on account of physical or moral disability occurring
after his admission, and may even expel him from the body; but a
majority
of one more than the half of those present shall be enough to decide on
voluntary resignations from office.
Senators and deputies, on
assuming office, shall take an oath to duly perform their duties and to
act in all matters in accordance with the provisions herein established.
No member of Congress shall
be accused, judicially examined, or disturbed for opinions expressed or
speeches delivered by him while holding office as legislator.
No senator or deputy shall
be arrested as from the day of his election until the expiration of his
term, except when flagrantly surprised committing a crime deserving
capital
punishment or other infamous or serious punishment, in which case a
summary
report of the facts shall be submitted the corresponding House.
When a written complaint
is filed before the ordinary courts against any senator or deputy, once
examined if there is enough evidence in a public trial, each House may,
with the concurrence of two-thirds of the votes, suspend the accused PARTy
from his office and place him under the jurisdiction of the competent
court
to be judged.
Either House shall summon
the Ministers of the Executive Power to receive such explanations or
reports
as it may deem necessary.
No member of Congress shall
be appointed to any civil office or commission under the Executive
Power,
without the previous consent of the respective House, except for
employments
subject to promotions.
Neither the regular members
of the clergy nor governors in representation of their own provinces,
may
be members of Congress.
The senators and deputies
shall receive a remuneration for their services, to be ascertained by
law,
and paid out of the Treasury of the Nation.
Congress is empowered: 1. To legislate about national Customs. To lay import and export duties that shall be uniform throughout the Nation as well as the valuations on which they are assessed. 2. To levy indirect taxes as a power concurrent with the provinces. To levy direct taxes for a specified term and proportionally equal throughout the national territory, provided that the defense, common security and general welfare of the State so require it. The taxes under this subSECTION are subject to joint PARTicipation, except for those which, in PART or in all, have specific allocation. An agreement-law based on understandings between the Nation and the provinces shall establish systems of joint PARTicipation for these taxes, guaranteeing the automatic remittance of funds. The distribution among the Nation, the provinces and the City of Buenos Aires, and among themselves, shall be carried out in direct relation to the jurisdictions, services and functions of each one of them taking into account objective sharing criteria; it shall be based on principles of equity and solidarity giving priority to the achievement of a similar degree of development, of living standards and equal opportunities throughout the national territory. The agreement-law shall originate
in the Senate and shall be enacted with the absolute majority of all
the
members of each House; it shall be neither unilaterally amended nor
regulated,
and shall be approved by the provinces.
A federal fiscal body shall be in charge of the control and monitoring of what is laid down in this subSECTION, according to the law which shall guarantee the representation of all the provinces and of the City of Buenos Aires as regards its composition. 3. To set and modify specific allocations that may be subject to joint PARTicipation, for a specified term, by a special law enacted with the absolute majority of all the members of each House. 4. To borrow money on the credit of the Nation. 5. To decide about the use and sale of national lands. 6. To establish and regulate a Federal bank with power to issue money, as well as other national banks. 7. To settle the payment of the domestic and foreign debt of the Nation. 8. To fix annually, according to the standards laid down in the third paragraph of subSECTION 2 of this SECTION, the general budget of expenses and the estimate of resources of the National Administration, based on the general program of the government and on the public investment plan, and to approve or reject the investment account. 9. To grant subsidies from the National Treasury to those provinces the incomes of which, according to their budgets, do not cover their ordinary expenses. 10. To regulate the free navigation of inland rivers, to authorize the operation of such ports as it shall consider necessary, and to set up or suppress Customs. 11. To coin money, to regulate the value thereof and that of foreign currency; and to adopt a uniform standard of weights and measures for the whole Nation. 12. To enact the Civil, Commercial, Criminal, Mining, Labor and Social Security Codes, in unified or separate bodies, provided that such codes do not alter local jurisdictions, and their enforcement shall correspond to the federal or provincial courts depending on the respective jurisdictions for persons or things; and PARTicularly to enact general laws of naturalization and nationality for the whole nation, based on the principle of nationality by birth or by option for the benefit of Argentina; as well as laws on bankruptcy, counterfeiting of currency and public documents of the State, and those laws that may be required to establish trial by jury. 13. To regulate trade with foreign nations, and of the provinces among themselves. 14. To regulate and establish the general post offices of the Nation. 15. To settle definitely the boundaries of the national territory, to fix those of the provinces, to create new ones, and to determine, by special legislation, the organization, administration and government that the national territories outside the boundaries assigned to the provinces are to have. 16. To provide for the security of the frontiers. 17. To recognize the ethnic and cultural pre-existence of indigenous peoples of Argentina. To guarantee respect for the identity and the right to bilingual and intercultural education; to recognize the legal capacity of their communities, and the community possession and ownership of the lands they traditionally occupy; and to regulate the granting of other lands adequate and sufficient for human development; none of them shall be sold, transmitted or subject to liens or attachments. To guarantee their PARTicipation in issues related to their natural resources and in other interests affecting them. The provinces may jointly exercise these powers. 18. To provide for the prosperity of the country, for the advance and welfare of all the provinces, and for the progress of education, drawing up general and university educational plans, and promoting industry, immigration, the construction of railways and navigable canals, the colonization of government-owned lands, the introduction and establishment of new industries, the imports of foreign capital, and the exploration of inland rivers, through laws protecting these aims and through temporary grants of privileges and stimulating rewards. 19. To provide everything relevant to human development, economic progress with social justice, the growth of the national economy, the creation of jobs, the professional training of workers, the defense of the currency value, the scientific and technological research and development, their overall diffusion and beneficial use. To provide for the harmonious growth of the Nation and the settlement of its territory; to promote differential policies in order to balance the relative unequal development of provinces and regions. These initiatives shall originate in the Senate. To enact laws referring to the organization and basis of education consolidating national unity and respecting provincial and local characteristics; which ensure the state responsibility that cannot be delegated, family and society PARTicipation, the fostering of democratic values and equal opportunities and possibilities with no discrimination whatsoever; and which guarantee the principles of free and equitable State public education as well as the autonomy and autarky of national universities. To enact laws protecting the cultural identity and plurality, the free creation and circulation of artistic works of authors, the artistic heritage and places devoted to cultural and audiovisual activities. 20. To establish courts inferior to the Supreme Court; to create and suppress employments, to fix the duties thereof, to grant pensions, to decree honors and to grant general amnesties. 21. To accept or reject the reasons for the resignation of the President or Vice-President of the Republic, and declare the need to call a new election when required. 22. To approve or reject treaties concluded with other nations and international organizations, and concordats with the Holy See. Treaties and concordats have a higher hierarchy than laws. The American Declaration of the Rights and Duties of Man; the Universal Declaration of Human Rights; the American Convention on Human Rights; the International Pact on Economic, Social and Cultural Rights; the International Pact on Civil and Political Rights and its empowering Protocol; the Convention on the Prevention and Punishment of Genocide; the International Convention on the Elimination of all Forms of Racial Discrimination; the Convention on the Elimination of all Forms of Discrimination against Woman; the Convention against Torture and other Cruel, Inhuman or Degrading Treatments or Punishments; the Convention on the Rights of the Child; in the full force of their provisions, they have constitutional hierarchy, do no repeal any SECTION of the First PART of this Constitution and are to be understood as complementing the rights and guarantees recognized herein. They shall only be denounced, in such event, by the National Executive Power after the approval of two-thirds of all the members of each House. In order to attain constitutional hierarchy, the other treaties and conventions on human rights shall require the vote of two-thirds of all the members of each House, after their approval by Congress. 23. To legislate and promote positive measures guaranteeing true equal opportunities and treatment, the full benefit and exercise of the rights recognized by this Constitution and by the international treaties on human rights in force, PARTicularly referring to children, women, the aged, and disabled persons. To issue a special and integral social security system to protect children from abandonment, since pregnancy up to the end of elementary education, and to protect the mother during pregnancy and the period of lactation. 24. To approve treaties of integration which delegate powers and jurisdiction to supranational organizations under reciprocal and equal conditions, and which respect the democratic order and human rights. The rules derived therefrom have a higher hierarchy than laws. The approval of these treaties with Latin American States shall require the absolute majority of all the members of each House. In the case of treaties with other States, the National Congress, with the absolute majority of the members present of each House, shall declare the advisability of the approval of the treaty which shall only be approved with the vote of the absolute majority of all the members of each House, one hundred and twenty days after said declaration of advisability. The denouncement of the treaties referred to in this subSECTION shall require the prior approval of the absolute majority of all the members of each House. 25. To authorize the Executive Power to declare war or make peace. 26. To empower the Executive Power to order reprisals and to make rules concerning the booty. 27. To establish the Armed Forces in times of peace and war; and to make rules for their organization and government. 28. To authorize the entry of foreign troops into the territory of the Nation and to allow national troops to leave the country. 29. To declare in state of siege one or several PARTs of the Nation in case of domestic commotion, and to approve or suspend the state of siege declared by the Executive Power during a recess of Congress. 30. To exercise exclusive legislation over the territory of the Capital City of the Nation and to enact the legislation necessary for the achievement of the specific ends of premises of national interest in the territory of the Republic. Provincial and municipal authorities shall hold power to levy taxes and power of police over these premises, insofar as they do not interfere with the achievement of those ends. 31. To order the federal intervention of a province or of the City of Buenos Aires. To approve or revoke the intervention decreed by the Executive Power during its recess. 32. To make all appropriate
laws and rules to put into effect the aforementioned powers, and all
other
powers granted by this Constitution to the Government of the Argentine
Nation.
(1) The legislative powers shall not be delegated to the Executive Power save for issues concerning administration and public emergency, with a specified term for their exercise and according to the delegating conditions established by Congress. (2) The expiration of the
term foreseen in the previous paragraph shall not imply the revision of
the legal relationships emerging from the rules issued as a result of
the
powers delegated by Congress.
(1) Laws shall originate in either House of Congress, through bills introduced by their members or by the Executive Power, save for the exceptions established in this Constitution. (2) Bills modifying the electoral
system and that of political PARTies shall be approved by the absolute
majority of all the members of the Houses.
When a bill is passed by
the House in which it originated, it is sent to the other House for its
debate. Once approved by both, it is sent to the Executive Power of the
Nation for its examination; and if it is also approved, it shall become
a law.
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 absolute majority of all its
members. With equal number of votes, the House may revoke the powers
delegated
and return to the ordinary procedure. The committee approval shall
require
the vote of the absolute majority of all its members. Once the bill is
approved by the committee, the ordinary procedures shall be followed.
Any bill not returned within
ten working days is to be considered approved by the Executive Power.
When
a bill is PARTially rejected, the remaining PART shall not be approved.
However, non-vetoed PARTs may only be promulgated if they have
normative
autonomy and if their PARTial approval does not alter the spirit or the
unity of the bill approved by Congress. In this case, the procedure
foreseen
for decrees of necessity and urgency shall be applicable.
No bill wholly rejected by
either House shall be reintroduced in the legislative session of the
same
year. No House shall totally reject a bill originated in it and later
added
or amended by the revising House. If the bill were subject to additions
and amendments by the revising House, the result of the voting shall be
made known in order to state if such additions or amendments were made
by the absolute majority or by two-thirds of the members present. With
the absolute majority of its members present, the originating House
shall
approve the bill with the additions or amendments made or insist on the
original text, unless the additions or amendments were made by the
revising
House with two-thirds of those members present. In such a case, the
bill
shall be sent to the Executive Power with the additions or amendments
of
the revising House, unless the originating House were to insist on the
original text with the vote of two-thirds of the members present. The
originating
House shall not include new additions or amendments to those already
made
by the revising House.
The will of each House shall
be expressly stated; the tacit or fictitious approval is excluded in
all
cases.
If a bill is totally or PARTially
rejected by the Executive Power, it shall return with the objections to
the originating House; the latter shall reconsider it and if it is
confirmed
by a majority of two-thirds of the votes, it shall be sent again to the
revising House. If both Houses approve it by such majority, the bill
becomes
a law and is sent to the Executive Power for promulgation. In all such
cases the voting in both Houses shall be by roll call, by yeas and
nays;
and both the names and grounds of the voters, as well as the objections
of the Executive Power shall be immediately published by the press. If
the Houses differ as to the objections, the bill cannot be reintroduced
in the legislative session of that year.
In the enactment of laws
the following formula shall be used: The Senate and House of Deputies
of
the Argentine Nation, in Congress assembled, decree or enact as law.
(1) The Legislative Power is exclusively empowered to exercise the external control of the national civil service as regards its estates and its economic, financial and operative aspects. (2) The revision and opinion of the Legislative Power about the performance and the general situation of the national civil service are to be based on the reports of the General Auditing Office of the Nation. (3) This technical advisory body of Congress with functional autonomy, shall be made up as established by the law regulating its creation and operation, which shall be approved by the absolute majority of the members of each House. The chairman of the body shall be appointed under the proposal of the Opposition with the largest number of legislators in Congress. (4) It shall be in charge
of the control of the legal aspects, management and auditing of all the
activities of the centralized and decentralized civil service, whatever
its forms of organization may be, as well as of other powers granted by
law. It must take PART in the approval or rejection of the revenue and
investment accounts of public funds.
(1) The Ombudsman is an independent body created within the sphere of the National Congress operating with full autonomy without receiving instructions from any authority. The mission of the Ombudsman is the defense and protection of human rights and other rights, guarantees and interests sheltered under this Constitution and the laws, in the face of deeds, acts or omissions of the Administration; as well as the control of public administrative functions. (2) The Ombudsman has capacity to be a PARTy in a lawsuit. He is appointed and removed by Congress with the vote of two-thirds of the members present of each House. He has the immunities and privileges of legislators. He shall hold office for the term of five years and may only be re-appointed on one occasion. (3) The organization and
operation of this body shall be ruled by a special law.
The Executive Power of the
Nation shall be vested in a citizen with the title of "President of the
Argentine Nation".
In case of illness, absence
from the Capital City, death, resignation, or removal of the President
from office, the Executive Power shall devolve upon the Vice- President
of the Nation. In case of removal, death, resignation, or inability of
the President and the Vice- President of the Nation, Congress shall
determine
the public officer who shall exercise the Presidency until the ceasing
of the grounds of inability or the election of a new President.
To be elected President or
Vice-President of the Nation it is necessary to have been born in the
Argentine
territory, or to be the son of a native born citizen if born in a
foreign
country; and to have the other qualifications required to be elected
senator.
The President and Vice-President
shall hold their offices for the term of four years; and they may be
re-
elected or may succeed each other for only one consecutive term. If
they
have been re-elected or they have succeeded each other, they cannot be
elected for either of these two positions but with the interval of one
term.
The President of the Nation
shall cease to exercise power on the same day his four-years term
expires;
no event that may have interrupted it shall constitute grounds for
completing
the term later.
The President and Vice-President
receive a remuneration paid out of the Treasury of the Nation, which
shall
not be altered during their term of office. During this same period
they
shall neither hold any other office nor receive any other emolument
from
the Nation or from any province whatsoever.
On assuming office, the President
and Vice- President shall take oath before the President of the Senate
and before Congress assembled, respecting their religious beliefs, to:
"perform with loyalty and patriotism the office of President (or
Vice-President)
of the Nation, and to faithfully observe the Constitution of the
Argentine
Nation, and to cause it to be observed.
The President and Vice-President
of the Nation shall be directly elected by the people, by second
ballot,
according to this Constitution. To this end, the national territory
shall
be a single constituency.
The election shall be held
within the two months previous to the expiration of the term of the
President
in office.
The second ballot, when appropriate,
shall be held between the two voting formulas of the most voted
candidates,
within thirty days of the previous election.
If in the first ballot the
most voted formula obtains more than forty-five per cent of the
affirmative
votes validly cast, its members shall be proclaimed President and
Vice-President
of the Nation.
If in the first ballot the
most voted formula obtains at least forty per cent of the affirmative
votes
validly cast, and there is a difference of more than ten per cent
regarding
all the affirmative votes validly cast for the formula following in
number
of votes, its members shall be proclaimed President and Vice-President
of the Nation.
The President of the Nation has the following powers: 1. He is the supreme head of the Nation, head of the government and he is politically responsible for the general administration of the country. 2. He issues the instructions and rules necessary for the enforcement of the laws of the nation, without altering their spirit with regulatory exceptions. 3. He takes PART in the making
of laws according to the Constitution, promulgates them and has them
published.
Only when due to exceptional circumstances the ordinary procedures foreseen by this Constitution for the enactment of laws are impossible to be followed, and when rules are not referred to criminal issues, taxation, electoral matters, or the system of political PARTies, he shall issue decrees on grounds of necessity and urgency, which shall be decided by a general agreement of ministers who shall countersign them together with the Chief of the Ministerial Cabinet. Within the term of ten days, the Chief of the Ministerial Cabinet shall personally submit the decision to the consideration of the Joint Standing Committee of Congress, which shall be composed according to the proportion of the political representation of the PARTies in each House. Within the term of ten days, this committee shall submit its report to the plenary meeting of each House for its specific consideration and it shall be immediately discussed by both Houses. A special law enacted with the absolute majority of all the members of each House shall regulate the procedure and scope of Congress PARTicipation. 4. He appoints the justices of the Supreme Court with the consent of the Senate by two-thirds of its members present, in a public meeting convoked to this effect. He appoints the other judges
of the lower federal courts according to a binding proposal consisting
of a list of three candidates submitted by the Council of Magistracy,
with
the consent of the Senate in a public meeting, in which the
qualifications
of the candidates shall be taken into account.
5. He may grant pardons or commute punishments for crimes subject to federal jurisdiction, after the report of the corresponding court, except in cases of impeachment by the House of Deputies. 6. He may grant pensions, retirements, leaves of absence, and widowed pensions according to the laws of the Nation. 7. He appoints and removes ambassadors, ministers plenipotentiary and commercial attaches with the consent of the Senate; on his own account, he appoints and removes the Chief of the Ministerial Cabinet and the Ministers, the officers of his Secretariat, consular agents, and other employees whose appointments are not otherwise regulated by this Constitution. 8. He annually performs the opening of the legislative session of Congress, both Houses being assembled for this purpose, reporting on this occasion on the state of the Nation, on amendments promised by the Constitution, and recommending for consideration the measures he deems necessary and advisable. 9. He extends the ordinary legislative session of Congress, or convokes to an extraordinary one when some serious order or progress interest so requires it. 10. He oversees the performance of the duties of the Chief of the Ministerial Cabinet as regards the collection of the revenues of the Nation, and their investment according to the law or budget of national expenditures. 11. He concludes and signs treaties, concordats and other agreements required for the maintenance of good relations with international organizations and foreign powers, he receives their ministers and admits their consuls. 12. He is commander-in-chief of all the Armed Forces of the Nation. 13. He provides for the military posts of the Nation: with the consent of the Senate, he grants posts or ranks for the higher officers of the Armed Forces; and on his own account, he has the same faculties in the battlefield. 14. He has the control of the Armed Forces and is in charge of their organization and distribution, according to the needs of the Nation. 15. He declares war and orders reprisals with the consent and approval of Congress. 16. In the event of foreign attack, he declares, with the consent of the Senate, one or more places of the Nation in state of siege for a limited period. In the event of domestic disorder, he only exerts this power when Congress is in recess, since this is a power pertaining to this body. The President exercises it under the limitations prescribed in SECTION 23. 17. He may request whatever information he may consider proper from the Chief of the Ministerial Cabinet and from the heads of all branches and dePARTments of the Administration, and through them, from other employees. They are compelled to supply such information. 18. He may leave the territory of the Nation with the consent of Congress. During the recess of the latter, he may only do so without permission on justified grounds of public interest. 19. He is empowered to fill vacancies requiring the consent of the Senate and occurring during its recess, by means of appointments on commission expiring at the end of the next legislative session. 20. He decrees the federal
intervention of a province or of the City of Buenos Aires in the event
of the recess of Congress, and simultaneously he must convoke the
latter
to consider such intervention.
(1) The Chief of the Ministerial Cabinet and the other secretary ministers, whose number and powers shall be determined by a special law, shall be in charge of the business of the Nation and shall countersign and legalize the acts of the President with their signatures, which are essential to become effective. (2) The Chief of the Ministerial Cabinet, politically liable before the National Congress, is empowered: 1. To exercise the general administration of the country. 2. To perform the acts and issue the rules necessary to exercise the powers granted by this SECTION as well as those delegated by the President of the Nation, being countersigned by the pertinent secretary minister to which the act or rule refers. 3. To appoint the employees of the Administration, except for those pertaining to the President. 4. To exercise the functions and powers delegated to him by the President of the Nation and, in cabinet agreement, to decide about matters that the Executive Power may indicate to him or, on his own account, about those he deems it necessary due to their importance, within the scope of his jurisdiction. 5. To coordinate, prepare and convoke the meetings of the ministerial cabinet, presiding at them in the absence of the President. 6. To submit to Congress the bills on Ministries and National Budget, with their prior consideration in cabinet agreement and their approval by the Executive Power. 7. To have the revenues of the Nation collected and to enforce the National Budget Act. 8. To countersign regulatory decrees of the laws, decrees to extend the ordinary legislative session of Congress or to convoke to an extraordinary one, and the messages of the President supporting legislative initiatives. 9. To attend the meetings of Congress and take PART in its debates, but not to vote. 10. Once the ordinary legislative session of Congress has begun, to submit together with the other ministers a detailed report on the state of the Nation regarding the business of the respective dePARTments. 11. To give such oral and written reports and explanations that either of the Houses may request from the Executive Power. 12. To countersign decrees about powers delegated by Congress, which shall be under the control of the Joint Standing Committee. 13. To countersign, together with the other ministers, decrees of necessity and urgency and decrees on PARTial promulgation of laws. Within ten days of their approval, he shall personally submit these decrees to the consideration of the Joint Standing Committee. (3) The Chief of the Ministerial
Cabinet shall not be simultaneously appointed to another ministry.
The Chief of the Ministerial
Cabinet shall attend Congress at least once a month, alternating
between
each House, to report on the progress of the government,
notwithstanding
the provisions of SECTION 71. He may be interpellated for the purpose
of
considering a vote of censure, by the vote of the absolute majority of
all the members of either House, and he may be removed by the vote of
the
absolute majority of the members of each House.
Each minister shall be responsible
for the acts he legalizes; and shall be jointly responsible for those
he
agrees on with his colleagues.
Ministers shall in no case
adopt resolutions on their own account, except in relation to matters
concerning
the economic and administrative affairs of their respective dePARTments.
After the opening of the
legislative session, the ministers of the Cabinet shall submit to
Congress
a detailed report on the state of the Nation regarding the business of
their respective dePARTments.
The ministers shall be neither
senators nor deputies without resigning their offices as ministers.
Ministers may attend the
meetings of Congress and take PART in its debates, but shall not vote.
They shall receive for their
services a remuneration established by law, which shall neither be
increased
nor diminished in favor or to the detriment of the incumbents.
The Judicial Power of the
Nation shall be vested in a Supreme Court and in such lower courts as
Congress
may constitute in the territory of the Nation.
In no case the President
of the Nation shall exercise judicial functions, assume jurisdiction
over
pending cases, or reopen those already adjudged.
The Justices of the Supreme
Court and the judges of the lower courts of the Nation shall hold their
offices during good behavior, and shall receive for their services a
remuneration
to be ascertained by law and which shall not be diminished in any way
while
holding office.
To be a member of the Supreme
Court it is necessary to be a lawyer of the Nation, with eight years of
practice, and with the same qualifications required to be a senator.
On occasion of the first
installation of the Supreme Court, the persons designated shall take an
oath before the President of the Nation, to perform their duties, to
administer
justice in a proper and faithful manner, and in accordance with the
provisions
of the Constitution. In the future, they shall take the oath before the
Chief Justice of the Court.
The Supreme Court shall issue
its own internal regulations, and appoint its subordinate employees.
(1) The Council of Magistracy, ruled by a special law enacted by the absolute majority of all the members of each House, shall be in charge of the selection of the judges and of the administration of the Judicial Power. (2) The Council shall be periodically constituted so as to achieve the balance among the representation of the political bodies arising from popular election, of the judges of all instances, and of the lawyers with federal registration. It shall likewise be composed of such other scholars and scientists as indicated by law in number and form. (3) It is empowered: 1. To select the candidates to the lower courts by public competition. 2. To issue proposals in binding lists of three candidates for the appointment of the judges of the lower courts. 3. To be in charge of the resources and to administer the budget assigned by law to the administration of justice. 4. To apply disciplinary measures to judges. 5. To decide the opening of the proceedings for the removal of judges, when appropriate to order their suspension, and to make the pertinent accusation. 6. To issue the rules about
the judicial organization and all those necessary to ensure the
independence
of judges and the efficient administration of justice.
(1) The judges of the lower courts of the Nation shall be removed on the grounds stated in SECTION 53, by a special jury composed of legislators, judges, and lawyers with federal registration. (2) The decision, which cannot be appea |