Constitution of theArgentine Nation
Adopted in
1853;
by DictateThis text includes
all
amendments [1860, 1866, 1898 and 1957]up to the one of
22
Aug 1994.
PREAMBLE
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.
PART ICHAPTER IDeclarations,
Rights,
and GuaranteesSECTION 1
The Argentine Nation adopts
the federal republican representative form of government, as this
Constitution
establishes.
SECTION 2
The Federal Government supports
the Roman Catholic Apostolic religion.
SECTION 3
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.
SECTION 4
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.
SECTION 5
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.
SECTION 6
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.
SECTION 7
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.
SECTION 8
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.
SECTION 9
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.
SECTION 10
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.
SECTION 11
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.
SECTION 12
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.
SECTION 13
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.
SECTION 14
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.
[SECTION 14]
(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.cralaw:red
(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.cralaw:red
(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.
SECTION 15
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.
SECTION 16
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.
SECTION 17
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.
SECTION 18
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.
SECTION 19
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.
SECTION 20
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.
SECTION 21
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.
SECTION 22
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.
SECTION 23
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.
SECTION 24
Congress shall promote the
reform of the present legislation in all its branches, and the
establishment
of trial by jury.
SECTION 25
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.
SECTION 26
Navigation of the inland
rivers of the Nation is free for all flags, only subject to the
regulations
issued by the national authority.
SECTION 27
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.
SECTION 28
The principles, guarantees
and rights recognized in the preceding SECTIONs shall not be modified
by
the laws that regulate their enforcement.
SECTION 29
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.
SECTION 30
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.
SECTION 31
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.
SECTION 32
The Federal Congress shall
not enact laws restricting the freedom of printing or establishing
federal
jurisdiction over it.
SECTION 33
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.
SECTION 34
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.
SECTION 35
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.
CHAPTER IINew Rights and
GuaranteesSECTION 36
(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.cralaw:red
(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.cralaw:red
(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.cralaw:red
(4) All citizens shall have
the right to oppose resistance to those committing the acts of force
stated
in this SECTION.cralaw:red
(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.cralaw:red
(6) Congress shall enact
a law on public ethics which shall rule the exercise of public office.
SECTION 37(1) This Constitution
guarantees
the full exercise of political rights, in accordance with the principle
of popular sovereignty and with the laws derived therefrom. Suffrage
shall
be universal, equal, secret and compulsory.
(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.
SECTION 38
(1) Political PARTies are
basic institutions of the democratic system.cralaw:red
(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.cralaw:red
(3) The State contributes
to the economic support of their activities and the training of their
leaders.cralaw:red
(4) Political PARTies shall
make public the source and destiny of their funds and assets.
SECTION 39
(1) Citizens shall have the
right to introduce bills before the House of Deputies. Congress shall
consider
them within the term of twelve months.cralaw:red
(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.cralaw:red
(3) Bills referring to constitutional
reform, international treaties, taxation, budget, and criminal
legislation
shall not originate in popular initiatives.
SECTION 40
(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.cralaw:red
(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.cralaw:red
(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.
SECTION 41
(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.cralaw:red
(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.cralaw:red
(3) The Nation shall regulate
the minimum protection standards, and the provinces those necessary to
reinforce them, without altering their local jurisdictions.cralaw:red
(4) The entry into the national
territory of present or potential dangerous wastes, and of radioactive
ones, is forbidden.
SECTION 42
(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.cralaw:red
(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.cralaw:red
(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.
SECTION 43
(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.cralaw:red
(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.cralaw:red
(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.cralaw:red
(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.
PART IIAuthorities of the
NationTitle IFederal GovernmentSubtitle IFirst Division:
Legislative
PowerCHAPTER 0General ProvisionSECTION 44Legislative Power
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.
CHAPTER IThe House of
DeputiesSECTION 45
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.
SECTION 46
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.
SECTION 47
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.
SECTION 48
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.
SECTION 49
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.
SECTION 50
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.
SECTION 51
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.
SECTION 52
All bills for raising revenue
and for the recruitment of troops shall exclusively originate in the
House
of Deputies.
SECTION 53
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.
CHAPTER IIThe SenateSECTION 54
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.
SECTION 55
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.
SECTION 56
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.
SECTION 57
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.
SECTION 58
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.
SECTION 59
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.
SECTION 60
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.
SECTION 61
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.
SECTION 62
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.
CHAPTER IIIProvisions
Applicable
to Both HousesSECTION 63
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.
SECTION 64
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.
SECTION 65
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.
SECTION 66
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.
SECTION 67
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.
SECTION 68
No member of Congress shall
be accused, judicially examined, or disturbed for opinions expressed or
speeches delivered by him while holding office as legislator.
SECTION 69
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.
SECTION 70
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.
SECTION 71
Either House shall summon
the Ministers of the Executive Power to receive such explanations or
reports
as it may deem necessary.
SECTION 72
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.
SECTION 73
Neither the regular members
of the clergy nor governors in representation of their own provinces,
may
be members of Congress.
SECTION 74
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.
CHAPTER VIPowers of CongressSECTION 75
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.cralaw:red
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.cralaw:red
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.cralaw:red
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.cralaw:red
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.
There shall be no transfer
of jurisdictions, services or functions without the corresponding
reallocation
of funds approved by a law of Congress, when appropriate, and by the
interested
province or the City of Buenos Aires, as the case may be.cralaw:red
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.cralaw:red
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.cralaw:red
4. To borrow money on the
credit of the Nation.cralaw:red
5. To decide about the use
and sale of national lands.cralaw:red
6. To establish and regulate
a Federal bank with power to issue money, as well as other national
banks.cralaw:red
7. To settle the payment
of the domestic and foreign debt of the Nation.cralaw:red
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.cralaw:red
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.cralaw:red
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.cralaw:red
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.cralaw:red
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.cralaw:red
13. To regulate trade with
foreign nations, and of the provinces among themselves.cralaw:red
14. To regulate and establish
the general post offices of the Nation.cralaw:red
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.cralaw:red
16. To provide for the security
of the frontiers.cralaw:red
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.cralaw:red
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.cralaw:red
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.cralaw:red
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.cralaw:red
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.cralaw:red
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.cralaw:red
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.cralaw:red
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.cralaw:red
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.cralaw:red
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.cralaw:red
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.cralaw:red
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.cralaw:red
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.cralaw:red
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.cralaw:red
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.cralaw:red
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.cralaw:red
25. To authorize the Executive
Power to declare war or make peace.cralaw:red
26. To empower the Executive
Power to order reprisals and to make rules concerning the booty.cralaw:red
27. To establish the Armed
Forces in times of peace and war; and to make rules for their
organization
and government.cralaw:red
28. To authorize the entry
of foreign troops into the territory of the Nation and to allow
national
troops to leave the country.cralaw:red
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.cralaw:red
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.cralaw:red
31. To order the federal
intervention of a province or of the City of Buenos Aires.cralaw:red
To approve or revoke the
intervention decreed by the Executive Power during its recess.cralaw:red
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.
SECTION 76
(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.cralaw:red
(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.
CHAPTER VMaking and
Enactment
of lawsSECTION 77
(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.cralaw:red
(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.
SECTION 78
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.
SECTION 79
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.
SECTION 80
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.
SECTION 81
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.
SECTION 82
The will of each House shall
be expressly stated; the tacit or fictitious approval is excluded in
all
cases.
SECTION 83
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.
SECTION 84
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.
CHAPTER VIGeneral Auditing
Office
of the NationSECTION 85
(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.cralaw:red
(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.cralaw:red
(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.cralaw:red
(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.
CHAPTER VIIThe OmbudsmanSECTION 86
(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.cralaw:red
(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.cralaw:red
(3) The organization and
operation of this body shall be ruled by a special law.
Subtitle IISecond Division:
Executive
PowerCHAPTER IIts Nature and
DurationSECTION 87
The Executive Power of the
Nation shall be vested in a citizen with the title of "President of the
Argentine Nation".
SECTION 88
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.
SECTION 89
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.
SECTION 90
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.
SECTION 91
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.
SECTION 92
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.
SECTION 93
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.
CHAPTER IIProcedure and Time
of
the Election of President and Vice-President of the NationSECTION 94
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.
SECTION 95
The election shall be held
within the two months previous to the expiration of the term of the
President
in office.
SECTION 96
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.
SECTION 97
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.
SECTION 98
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.
CHAPTER IIIPowers of the
Executive
BranchSECTION 99
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.cralaw:red
2. He issues the instructions
and rules necessary for the enforcement of the laws of the nation,
without
altering their spirit with regulatory exceptions.cralaw:red
3. He takes PART in the making
of laws according to the Constitution, promulgates them and has them
published.
The Executive Power shall
in no event issue provisions of legislative nature, in which case they
shall be absolutely and irreparably null and void.cralaw:red
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.cralaw:red
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.cralaw:red
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.cralaw:red
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.
Once they have attained
to the age of seventy five years, a new appointment, with the same
consent,
shall be necessary so that they may continue in office. Judges of that
age or over shall be appointed for five years, and may be indefinitely
re- appointed by this same procedure.cralaw:red
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.cralaw:red
6. He may grant pensions,
retirements, leaves of absence, and widowed pensions according to the
laws
of the Nation.cralaw:red
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.cralaw:red
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.cralaw:red
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.cralaw:red
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.cralaw:red
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.cralaw:red
12. He is commander-in-chief
of all the Armed Forces of the Nation.cralaw:red
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.cralaw:red
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.cralaw:red
15. He declares war and orders
reprisals with the consent and approval of Congress.cralaw:red
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.cralaw:red
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.cralaw:red
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.cralaw:red
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.cralaw:red
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.
CHAPTER IVThe Chief of the
Ministerial
Cabinet and Other Ministers of the Executive PowerSECTION 100
(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.cralaw:red
(2) The Chief of the Ministerial
Cabinet, politically liable before the National Congress, is empowered:
1. To exercise the general
administration of the country.cralaw:red
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.cralaw:red
3. To appoint the employees
of the Administration, except for those pertaining to the President.cralaw:red
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.cralaw:red
5. To coordinate, prepare
and convoke the meetings of the ministerial cabinet, presiding at them
in the absence of the President.cralaw:red
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.cralaw:red
7. To have the revenues of
the Nation collected and to enforce the National Budget Act.cralaw:red
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.cralaw:red
9. To attend the meetings
of Congress and take PART in its debates, but not to vote.cralaw:red
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.cralaw:red
11. To give such oral and
written reports and explanations that either of the Houses may request
from the Executive Power.cralaw:red
12. To countersign decrees
about powers delegated by Congress, which shall be under the control of
the Joint Standing Committee.cralaw:red
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.cralaw:red
(3) The Chief of the Ministerial
Cabinet shall not be simultaneously appointed to another ministry.
SECTION 101
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.
SECTION 102
Each minister shall be responsible
for the acts he legalizes; and shall be jointly responsible for those
he
agrees on with his colleagues.
SECTION 103
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.
SECTION 104
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.
SECTION 105
The ministers shall be neither
senators nor deputies without resigning their offices as ministers.
SECTION 106
Ministers may attend the
meetings of Congress and take PART in its debates, but shall not vote.
SECTION 107
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.
Subtitle IIIThird Division:
The
Judicial PowerCHAPTER IIts Nature and
DurationSECTION 108
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.
SECTION 109
In no case the President
of the Nation shall exercise judicial functions, assume jurisdiction
over
pending cases, or reopen those already adjudged.
SECTION 110
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.
SECTION 111
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.
SECTION 112
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.
SECTION 113
The Supreme Court shall issue
its own internal regulations, and appoint its subordinate employees.
SECTION 114
(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.cralaw:red
(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.cralaw:red
(3) It is empowered:
1. To select the candidates
to the lower courts by public competition.cralaw:red
2. To issue proposals in
binding lists of three candidates for the appointment of the judges of
the lower courts.cralaw:red
3. To be in charge of the
resources and to administer the budget assigned by law to the
administration
of justice.cralaw:red
4. To apply disciplinary
measures to judges.cralaw:red
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.cralaw:red
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.
SECTION 115
(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.cralaw:red
(2) The decision, which cannot
be appealed, shall have no other effect than the removal of the
accused.
But the condemned PARTy shall nevertheless be subject to accusation,
trial,
and punishment according to law before the ordinary courts.cralaw:red
(3) If no decision was taken
after the term of one hundred and eighty days since the opening of the
proceedings for removal, said proceedings are to be filed and, in that
event, the suspended judge shall be reinstated.cralaw:red
(4) The composition and procedure
of this jury shall be stated in the special law mentioned in SECTION
114.
CHAPTER IIPowers of the
JudiciarySECTION 116
The Supreme Court and the
lower courts of the Nation are empowered to hear and decide all cases
arising
under the Constitution and the laws of the Nation, with the exception
made
in SECTION 75, subSECTION 12, and under the treaties made with foreign
nations; all cases concerning ambassadors, public ministers and foreign
consuls; cases related to admiralty and maritime jurisdiction; matters
in which the Nation shall be a PARTy; actions arising between two or
more
provinces, between one province and the inhabitants of another
province,
between the inhabitants of different provinces, and between one
province
or the inhabitants thereof against a foreign state or citizen.
SECTION 117
In the aforementioned cases
the Supreme Court shall have appellate jurisdiction, with such
regulations
and exceptions as Congress may prescribe; but in all matters concerning
foreign ambassadors, ministers and consuls, and in those in which a
province
shall be a PARTy, the Court shall have original and exclusive
jurisdiction.
SECTION 118
The trial of all ordinary
criminal cases not arising from the right to impeach granted to the
House
of Deputies, shall be decided by jury once this institution is
established
in the Nation. The trial shall be held in the province where the crime
has been committed; but when committed outside the territory of the
Nation
against public international law, the trial shall be held at such place
as Congress may determine by a special law.
SECTION 119
Treason against the Nation
shall only consist in rising in arms against it, or in joining its
enemies,
supplying them with aid and assistance. Congress shall by a special law
determine the punishment for this crime; but the penalty shall not
extend
beyond the person of the convicted, nor shall this dishonor be
transmitted
to relatives of any degree.
Subtitle IVFourth Division:
The
Public MinistrySECTION 120
(1) The Public Ministry is
an independent body with functional autonomy and financial autarky,
with
the function of promoting the PARTicipation of justice for the defense
of the legal character of the general interests of society, in
coordination
with the other authorities of the Republic.cralaw:red
(2) It is composed of an
Attorney General of the Nation and a General Defender of the Nation,
and
such other members as the law may establish.cralaw:red
(3) Its members enjoy functional
immunities and intangibility of remunerations.
Title IIProvincial
GovernmentsSECTION 121
The provinces reserve to
themselves all the powers not delegated to the Federal Government by
this
Constitution, as well as those powers expressly reserved to themselves
by special pacts at the time of their incorporation.
SECTION 122
They determine their own
local institutions and are governed by them. They elect their
governors,
legislators, and other provincial officers, without intervention of the
federal government.
SECTION 123
Each province enacts its
own Constitution as stated in SECTION 5, ensuring municipal autonomy
and
ruling its scope and content regarding the institutional, political,
administrative,
economic and financial aspects.
SECTION 124
(1) The provinces are empowered
to set up regions for the economic and social development and to
establish
entities for the fulfillment of their purposes, and they are also
empowered,
with the knowledge of Congress, to enter into international agreements
provided they are consistent with the national foreign policy and do
not
affect the powers delegated to the Federal Government or the public
credit
of the Nation. The City of Buenos Aires shall have the regime which is
to be established to that effect.cralaw:red
(2) The provinces have the
original dominion over the natural resources existing in their
territory.
SECTION 125
(1) The provinces may enter
into PARTial treaties for purposes of the administration of justice, of
economic interests, and works of common benefit, with the knowledge of
the Federal Congress; and may promote their industry, immigration, the
construction of railways and navigable canals, the colonization of
provincial-owned
lands; the introduction and establishment of new industries, the
imports
of foreign capitals and the exploration of their rivers, by means of
laws
protecting these ends and with their own resources.cralaw:red
(2) The provinces and the
City of Buenos Aires may continue with their own social security
entities
for civil servants and professionals; and may promote economic
progress,
human development, creation of jobs, education, science, knowledge and
culture.
SECTION 126
The provinces do not exercise
the power delegated to the Nation. Provinces shall in no case enter
into
any PARTial treaty of political nature; enact laws dealing with
commerce,
inland or foreign navigation; establish provincial Customs; coin money;
establish banks with power to issue money without authorization from
the
Federal Congress; enact civil, commercial, criminal, or mining codes
after
Congress had enacted them; enact special laws regarding citizenship and
naturalization, bankruptcy, counterfeiting of currency or State
documents;
lay any duty on tonnage; supply ships of war or raise armies, except in
the event of foreign invasion or in such imminent danger that shall not
admit a delay, notifying immediately to the Federal Government; appoint
or receive foreign agents.
SECTION 127
No province shall declare
or make war against another province. Their claims must be submitted to
the Supreme Court and settled by it. Their de facto hostilities are
acts
of civil war, considered as sedition or mutiny, which the Federal
Government
must suppress and punish in accordance with the law.
SECTION 128
The governors of the provinces
are the natural agents of the Federal Government for the enforcement of
the Constitution and the laws of the Nation.
SECTION 129
(1) The City of Buenos Aires
shall have an autonomous system of government with power of legislation
and jurisdiction, and the head of its government shall be directly
elected
by the people of the City.cralaw:red
(2) While the City of Buenos
Aires is the Capital City of the Nation, a law shall guarantee the
interests
of the National State.cralaw:red
(3) According to the aforementioned
provisions of this SECTION, the National Congress shall convoke the
inhabitants
of the City of Buenos Aires so that the representatives that are to be
elected for that purpose issue the Organizing Statute of their
institutions.
PART IIITemporary
ProvisionsSECTION 1First
(1) The Argentine Nation
ratifies its legitimate and non-prescribing sovereignty over the
Malvinas,
Georgias del Sur and Sandwich del Sur Islands and over the
corresponding
maritime and insular zones, as they are an integral PART of the
National
territory.cralaw:red
(2) The recovery of said
territories and the full exercise of sovereignty, respectful of the way
of life of their inhabitants and according to the principles of
international
law, are a permanent and unrelinquished goal of the Argentine people.
SECTION 2Second Referring
to SECTION 37
Positive actions referred
to in the last paragraph of SECTION 37 shall not comprise less
guarantees
than those in force at the time this Constitution was approved, and
their
duration shall be determined by law.
SECTION 3Third Referring to SECTION
39
The law regulating the exercise
of the popular initiative shall be approved within eighteen months of
this
enactment.
SECTION 4Fourth Referring
to SECTION 54
(1) The present members of
the Senate of the Nation shall hold office until the expiration of
their
respective terms.cralaw:red
(2) At the time of the renewal
of one third of the Senate in nineteen ninety-five, due to the
expiration
of the terms of all the senators elected in nineteen eighty-six, a
third
senator shall be designated for the constituency of each Legislature.
The
group of senators for each constituency shall be composed, as far as
possible,
in such a way that two seats belong to that political PARTy or
electoral
alliance with the largest number of members in the Legislature, and the
third seat to that political PARTy or electoral alliance following in
number
of members. In case of equality of votes, that political PARTy or
electoral
alliance having obtained the largest number of votes in the immediately
previous election of the provincial legislature shall prevail.cralaw:red
(3) The election of senators
who replace those whose terms expire in nineteen ninety-eight, as well
as the election of whoever replaces any one of the present senators in
case of application of SECTION 62, shall be carried out by these same
rules
of election. However, the political PARTy or electoral alliance having
the largest number of members in the Legislature at the time of the
election
of senator shall have the right to have its candidate elected, with the
sole limitation that the three senators do no belong to the same
political PARTy or electoral alliance.cralaw:red
(4) These rules shall also
be applicable to the election of senators for the City of Buenos Aires,
in nineteen ninety-five by the electoral body, and in nineteen
ninety-eight
by the legislative organ of the City.cralaw:red
(5) The election of all the
senators referred to in this provision shall be carried out within a
period
neither shorter than sixty nor longer than ninety days as from the date
the senator must take office.cralaw:red
(6) In all cases, the candidates
for senators shall be proposed by the political PARTies or electoral
alliances.
The fulfillment of the legal and statutory requirements to be declared
candidate shall be certified by the National Electoral Court and
reported
to the Legislature.cralaw:red
(7) Whenever a national senator
is elected a deputy senator shall be designated, who shall take office
in the cases foreseen in SECTION 62.cralaw:red
(8) The senators elected
due to the application of this temporary provision shall hold office
until
December nine, two thousand and one.
SECTION 5Fifth Referring to SECTION
56
All the members of the Senate
shall be elected as indicated in SECTION 54 within the term of two
months
previous to December ten, two thousand and one, drawing lots, after
they
have all met, to decide who shall leave in the first and second
biennium.
SECTION 6Sixth Referring to SECTION
75, SubSECTION 2
(1) A system of joint PARTicipation
according to SECTION 75, SubSECTION 2, and the regulations of the
Federal
Fiscal entity, shall be stated before the end of the year 1996; the
distribution
of jurisdiction, services and functions in force at the time of the
enactment
of this amendment, shall not be modified without the approval of the
interested
province; nor shall the distribution of resources in force at the time
of the enactment of this amendment be modified to the detriment of the
provinces, and in both cases until the aforementioned system of joint PARTicipation
is stated.cralaw:red
(2) This provision shall
not affect pending administrative or judicial claims originated in
differences
about the distribution of jurisdiction, services, functions or
resources
between the Nation and the provinces.
SECTION 7Seventh Referring
to SECTION 75, SubSECTION 30
Congress shall exercise in
the City of Buenos Aires, insofar as it is the Capital of the Nation,
the
legislative powers which it holds according to SECTION 129.
SECTION 8Eighth Referring
to SECTION 76
The preexisting delegated
legislation with no specified term for its application shall expire
after
this provision had been in force for five years, except for that
legislation
expressly ratified by the National Congress through a new law.
SECTION 9Ninth Referring to SECTION
90
The tenure of the president
holding office at the time of the enactment of this reform shall be
considered
the first term.
SECTION 10Tenth Referring to SECTION
90
The tenure of office of the
President of the Nation who shall be inaugurated on July 8, 1995 shall
expire on December 10, 1999.
SECTION 11Eleventh Referring
to SECTION 99, SubSECTION 4
The expiration of the appointments
and the limited duration foreseen in SECTION 99, SubSECTION 4, shall
become
effective five years after the enactment of this constitutional reform.
SECTION 12Twelfth Referring
to SECTIONs 99, SubSECTION 7; 100 and 101
(1) The provisions established
in SECTION 100 and 101, CHAPTER IV, Second Division, Second PART of
this
Constitution about the Chief of the Ministerial Cabinet shall become
effective
on July 8, 1995.cralaw:red
(2) The Chief of the Ministerial
Cabinet shall be appointed for the first time on July 8, 1995; until
then
his powers shall be exercised by the President of the Republic.
SECTION 13Thirteenth
Referring
to SECTION 114
Three hundred and sixty days
after this reform becomes effective the judges of the lower courts
shall
only be appointed according to this Constitution. Until then the
previous
system shall be applied.
SECTION 14Fourteenth
Referring
to SECTION 115
Causes pending before the
House of Deputies at the time of the creation of the Council of
Magistracy
shall be referred to the latter for the purposes of SECTION 114,
SubSECTION
5. Those introduced before the Senate shall continue therein until
their
conclusion.
SECTION 15Fifteenth
Referring
to SECTION 129
(1) Until the powers arising
from the new regime of autonomy of the City of Buenos Aires are to be
established,
Congress shall exercise exclusive legislation over its territory, in
the
same terms applied until the enactment of this Constitution.cralaw:red
(2) The head of the government
shall be elected during the year nineteen ninety-five.cralaw:red
(3) The law foreseen in SECTION
129, Paragraphs Second and Third, shall be enacted within the term of
two
hundred and seventy days as from the approval of this Constitution.cralaw:red
(4) Until the issue of the
Organizing Statute, the appointment and removal of the judges of the
City
of Buenos Aires shall be ruled according to SECTIONs 114 and 115 of
this
Constitution.
SECTION 16Sixteenth
(1) This reform shall become
effective the day after its publication. The members of the Constituent
Assembly, the President of the Argentine Nation, the Presidents of the
Legislative Houses, and the Chief Justice of the Supreme Court shall
take
oath in a single act on August 24, 1994, at the Palacio San Jos',
Concepcion
del Uruguay, province of Entre Ríos.cralaw:red
(2) Each power of the State
and of the provincial and municipal authorities shall provide the
necessary
measures so that their members and officers swear this Constitution.
SECTION 17Seventeenth
(1) The final constitutional
text, which has been enacted by this Constituent Assembly, replaces the
text heretofore enforced.
(2) Approved in the Hall
of Sessions of the National Constituent Assembly, in the city of Santa
Fe, on the twenty-second day of August of the year nineteen ninety-four.
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