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39-618: The Argentine Constitution consists of a preamble and two normative parts: The following international human rights instruments —treaties and declarations— also have constitutional status by virtue of article 75 paragraph 22: The first attempt to divide political power in Argentina was during the government created after the May Revolution (Spanish: Revolución de Mayo): the Primera Junta could not create new taxes without

78-507: A long procedure that frequently requires ratification by each states' legislature. Lesser known are some "recommendations" which are similar to conventions in being multilaterally agreed, yet cannot be ratified, and serve to set common standards. There may also be administrative guidelines that are agreed multilaterally by states, as well as the statutes of tribunals or other institutions. A specific prescription or principle from any of these various international instruments can, over time, attain

117-412: A long time to Argentine jurisprudence, and related to the habeas corpus of Common Law ) is to protect the citizen's physical freedom; and habeas data is a person's right to access information about himself or herself, and request its confidentiality, a change or a suppression. The Argentine Constitution's rights are divided in four groups: Civil, patrimonial, politic and social. Declarations state

156-673: Is a consequence of the traditional interest of Argentina in the affluence of foreigners and foreign investment. Labor rights are also acknowledged (this is part of the legacy of Peronism , resulting in the 1949 and 1957 reforms). These include limited labor day, just salary, right of organization, social security benefits, etc. The constitution declares that no one can be deprived of property, except in case of judicial sentence based on previously enacted legislation, or through expropriation for reasons of public utility, dully qualified by law and previously indemnified. The person, its judicial defense, its domicile and correspondence are inviolable. What

195-672: Is an independent body with functional autonomy and financial autarchy, with the function of promoting justice for the defense of legality, of the general interests of society, in coordination with the other authorities of the Republic. It is composed of a Prosecutor General of the Nation and a Defender General of the Nation, and such other members as the law may establish. Its members enjoy functional immunities and intangibility of remuneration. (Art. 120). International human rights instruments International human rights instruments are

234-620: Is both head of state, as well as chief executive and head of government. (Art. 87). The vice-president replaces the President in case of illness, absence from the capital, death, resignation, or removal. The vice-president doesn't belong to the executive branch. Curiously, it belongs to the legislative branch since he is also the President of the Senate. (Art. 57) The President promulgates the laws sanctioned by Congress, and has veto power over them. The President directs international relations and

273-703: Is the Commander in Chief of the Army. In some cases, the President can issue emergency decrees . In the 1994 amendments to the 1853 Constitution, the post of the Chief of the Cabinet Ministers was created who would serve as chief operating officer and would run the day-to-day operations of the government and will be at the same time, be politically responsible to both Houses of the National Congress,

312-530: The Regimiento de Granaderos a Caballo (Regiment of Horse Grenadiers, presidential escort unit). In 1951, he was sentenced to life imprisonment for his part in an attempted coup to overthrow Juan Perón . He was released in 1955 with the Revolución Libertadora , a military uprising which ousted General Perón and set up a military dictatorship which was in power from 1955 to 1958. In 1956, he

351-699: The Cabildo' s authorization. Many revolutionary leaders, led by Mariano Moreno , wanted to declare independence immediately and create a constitution in order to build an independent state. In October 1811, the Junta Grande , which succeeded the Primera Junta, enacted the Regulation for the Division of Power, but it was not accepted by the executive power . Nevertheless, the freedom of press and

390-543: The Chamber of Deputies and set the number of ministries to eight. During Juan Domingo Perón 's government, the Argentine Constitution of 1949 was successfully passed, which constituted a major revision. Its goal was to modernize and adapt the text to the twentieth century's concepts of democracy, for example, adding a list of social rights which included better working conditions for the working class,

429-836: The International Covenant on Civil and Political Rights , and the International Covenant on Economic, Social and Cultural Rights together with other international human rights instruments are sometimes referred to as the " International Bill of Human Rights ". International human rights instruments are identified by the OHCHR and most are referenced on the OHCHR website. According to OHCHR, there are 9 core international human rights instruments and several optional protocols. Several more human rights instruments exist. A few examples: Alejandro A. Lanusse Alejandro Agustín Lanusse Gelly (28 August 1918 – 26 August 1996)

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468-756: The Montoneros (a Peronist guerrilla movement) for the return of the corpse of Evita ( Eva Duarte de Perón), Juan Domingo Perón 's second wife whose body had been hidden by the "Revolución Libertadora". On 22 August 1971, several imprisoned guerrillas attempted to escape from the Naval Base of Rawson in Patagonia , and were executed without trial in the Trelew massacre . In March 1973, presidential elections were held, and won by Hector Cámpora . In 1985, Lanusse published his autobiography and criticized

507-768: The treaties and other international texts that serve as legal sources for international human rights law and the protection of human rights in general. There are many varying types, but most can be classified into two broad categories: declarations , adopted by bodies such as the United Nations General Assembly , which are by nature declaratory, so not legally-binding although they may be politically authoritative and very well-respected soft law ;, and often express guiding principles; and conventions that are multi-party treaties that are designed to become legally binding, usually include prescriptive and very specific language, and usually are concluded by

546-524: The "principle of legality": No inhabitant of the Nation will be forced to do what the law doesn't order nor forbidden to do what the law doesn't forbid . Equality is as important as freedom. Section 16 states that in the country there are no noble titles and "all its inhabitants are equal before the law" According to the Constitution, Argentina is a representative federal republic divided in provinces , which are subdivided in municipalities , and

585-503: The Argentine Confederation. It consisted of changes to many of the original articles. One of the major changes was the renaming of the state: according to the reform, the country would be officially named República Argentina ("Argentine Republic") and, for legal purposes, Nación Argentina ("Argentine Nation"), replacing the older "Argentine Confederation" in all articles of the constitution. Another important inclusion

624-600: The Autonomous City of Buenos Aires , who serves as the capital for the country. Each province has the right and duty to dictate its own constitution, respecting the same principles as the national one. The Constitution mandates a strict separation of government powers, into three branches (Executive, Legislative, and Judicial) and the Public Ministry. The Executive Branch is formed by the President , who

663-553: The Constitution is the following: The Preamble of the Argentine Constitution states or implies, in short terms, a number of starting points for the conception of the nation, such as a representative government. It acknowledges previous agreements to create a constitution (in order to legitimize the gathering of the Assembly). Finally, it lays the foundations for the policy of support of immigration , by asking "for

702-557: The Decree on Individual Security were accepted by November. In 1813, the General Constitutional Assembly was intended to declare a constitution but it could only declare the freedom for slaves' sons. In 1819 and 1826 were declared two constitutions that eventually failed because of the disagreement between Federalists and Unitarians . Many other constitutional pacts existed between 1820 and 1853 (when

741-670: The Lower House) and Cámara de Senadores ( Senate , the Upper House). The vice-president belongs in the Legislative Branch since he (or she) is also the President of the Senate Chamber. The General Auditing Office of the Nation is a technical advisory body of Congress with functional autonomy. The Ombudsman is an independent body which works without receiving instructions from any authority. The mission of

780-607: The Ombudsman is the defense and protection of human rights, civil rights and guarantees, and the control of the Administration. The Judicial Branch is formed by the Supreme Court, and lower courts that Congress establishes in the territory of the Nation. The Supreme Justices and all judges hold their offices as long as they are not deposed for misbehavior and enjoy intangibility of remuneration. The Public Ministry

819-506: The Senate and Chamber of Deputies and they can remove him or her via censure. The creation of the post was intended to reduce the presidentialist character of the country's presidential form of government. The Legislative Branch is composed of the vice-president, a bicameral Congress, the General Auditing Office of the Nation and the Ombudsman. Congress is divided in two Houses: Cámara de Diputados ( Chamber of Deputies ,

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858-577: The adoption of a much faster legislative procedure for creating laws. In addition, the requirement that the President or Vice President of the Republic belong to the Roman Catholic faith was also abolished. The Argentine Constitution has four major division types; Parts, Titles, Divisions and Chapters, though these need not be present all the time. For example, the First Part is divided into Chapters but not into Titles nor Sections. The scheme of

897-504: The basis that hold the nation's politics and define it as an independent entity, for example, Article 1 states that the government is representative, republican and federal and Article 35 lists the Country's official names. They are institutional methods to protect the exercise of fundamental rights. They are so important that it is possible to say that a right can be held as long as it has a guarantee to protect it. Most of Guarantees are in

936-640: The current Argentine Constitution was enacted). The most important of them are: the Treaty of Pilar (1820), the Treaty of the Cuadrilátero (1822), the Federal Pact (1831), the Palermo Protocol (1852), and the Treaty of San Nicolás (1852). The Federal Pact urged all the provinces to call a General Federal Congress, however this would have limited Juan Manuel de Rosas 's power who was

975-684: The latter is the European Court of Human Rights . Monitoring mechanisms also vary as to the degree of individual access to expose cases of abuse and plea for remedies. Under some conventions or recommendations – e.g. the European Convention on Human Rights – individuals or states are permitted, subject to certain conditions, to take individual cases to a full-fledged tribunal at international level. Sometimes, this can be done in national courts because of universal jurisdiction . The Universal Declaration of Human Rights ,

1014-436: The law does not forbid is permitted. Individuals have complete freedom to do or refuse to do anything in private, except if that interferes with public order or morality, or causes damage to third parties. The 1994 reform introduces several new legal figures: amparo judicial (an injunction ), habeas corpus and habeas data . Injunctions are destined to protect citizens from actual or imminent damage; habeas corpus (known for

1053-493: The modifications from the 1972 "amendment" as the growth of the Senate size (three per Province), one-term consecutive presidential reelection and reduction of its term to four years. It also made Buenos Aires City an autonomous entity with its own authorities. Other changes were done to ensure a softer presidentialist regime, the inclusion of a new chapter into the Bill of Rights related to politics, health and environment, and also

1092-778: The most powerful province governor, so the Congress was never called. When Rosas was defeated, in 1852, the Treaty of San Nicolás finally called the Constitutional Congress that, in Santa Fe, on May 1, 1853, swore to make effective the federal Constitution. Consequently, the Province of Buenos Aires left the Argentine Confederation until 1859. The first constitutional amendment to the original 1853 text occurred in 1860 after Buenos Aires rejoined

1131-509: The protection of God , source of all reason and justice" for all people who desire to inhabit Argentina. The Constitution establishes a Bill of Rights and Guarantees for all individuals, Argentine or foreign; the inviolability of the right of life, liberty, equality, security and property. The second chapter, added in 1994, deals with public ethics, political rights, environmental protection and consumer rights. Civil rights are recognized to all inhabitants with no distinction of nationality. This

1170-541: The right to good education, etc. This also was included in the principles stated in the preamble. It also permitted the indefinite reelection of the president. During the military regime known as the Revolución Libertadora that had deposed Perón's government in 1955, in 1957 and before the elections that was to be held in 1958, a Constitutional Convention was elected to reform the constitution. This reform does not include 1949's, implicitly annulling it so

1209-415: The sections 18 and 43, between these are: habeas corpus, the abolition of death penalty and torture. The Argentine Constitution's rights are divided in four groups: Civil, patrimonial, politic and social. In Argentina , Freedom is one of the most important rights. Section 19 says that private actions of men that don't harm the public order or another man can not be judged by authorities. Moreover, it holds

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1248-577: The solution to the multiple conflicts was to end the proscription of Peronism and to decree a political opening that allowed a transition towards democracy. He was born as Alejandro Agustín Lanusse Gelly on 28 August 1918, in Buenos Aires to Luis Gustavo Lanusse Justo and Albertina Gelly Cantilo. A graduate of the Army Academy ( Colegio Militar de la Nación , class of 1938), he served in different Cavalry units before becoming commander of

1287-403: The status of customary international law whether it is specifically accepted by a state or not, just because it is well-recognized and followed over a sufficiently long time. International human rights instruments can be divided further into global instruments , to which any state in the world can be a party, and regional instruments , which are restricted to states in a particular region of

1326-559: The text was based on the 1898 one. The only changes done were to include a summary of Perón's social articles known as article 14 bis (existing currently) and to establish the necessity to have a Labour and Social Security Code. In 1972, a "Constitutional Amendment" carried out by the military government led by General Alejandro A. Lanusse reformed the 1957 text. This had to last until 1977 but its application could be extended until 1981 if no Constitutional Convention in 1976 decided either to accept it or reject it definitively. This amendment

1365-438: The world. Most conventions and recommendations (but few declarations) establish mechanisms for monitoring and establish bodies to oversee their implementation. In some cases these bodies that may have relatively little political authority or legal means, and may be ignored by member states; in other cases these mechanisms have bodies with great political authority and their decisions are almost always implemented. A good example of

1404-975: Was designated Ambassador to the Holy See . In 1960, he became assistant director of the Superior Military School and later Commander of the First Armored Cavalry Division. In 1962, he took part in the overthrowing of president Arturo Frondizi , and, in 1966, supported General Juan Carlos Onganía in the ousting of president Arturo Illia . In 1968, he became Commander-in-Chief of the Argentine Army . Lanusse became president of Argentina in 1971. During his administration he established diplomatic relations with China and continuously faced political unrest, with an increase in guerrilla activity. Many political opponents were jailed, and Lanusse decided to negotiate with

1443-461: Was not fully applied by the democratic government of Perón in his third term nor by his wife Isabel Perón acting as president after his death. Some changes were related to the size of Senate and one-term reelection of president and vice-president. It also reduced presidential, senatorial and deputies' terms all to four years. The last (and current) version of the Argentine Constitution was carried out by Carlos Saúl Menem in 1994. It included many of

1482-489: Was the de facto president of the Argentine Republic between 22 March 1971 and 25 May 1973, during the military dictatorship of the country called the " Argentine Revolution ". On 26 March 1971, Lanusse assumed the presidency in a totally unfavorable political climate. Guerrilla violence grew, popular discontent also, the continuity of the military government became difficult to sustain. Lanusse evaluated that

1521-565: Was the constitutional recognition of Buenos Aires' exclusive rights guaranteed by the Treaty of San Nicolás. The next reform occurred in 1866 and established that exportation and importation taxes would be destined to the National Treasury indefinitely, no longer until 1866 as the 1860 reform had established. In 1898, another minor constitutional amendment was approved. It allowed a more flexible ratio for proportional apportionment in

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