MAIN FEATURES OF THE CONSTITUTION OF ARGENTINA

The Republic of Argentina is a large country, situated in south-eastern South America.

The country has its roots in Spanish colonization of the region during the 15th century
so since then Spanish was adopted as the official language (the prevalent dialect is the
so-called Rioplatense). Although the Constitution guarantees freedom of religion, it
gives Roman Catholicism a differential status, declaring it as the nation's official
religion.
A written and a lengthy Constitution
The first version of the Constitution of Argentina was written in 1853 by a
Constitutional Assembly gathered in Santa Fe, and the doctrinal basis was taken in part
from the United States Constitution. It was amended/reformed six times and the current
version is the reformed text of 1994. It doubles the American constitution in length and
consists of a Preamble, two main parts (the Dogmatic and the Organic) containing 129
articles/sections, plus a section of Transitorial Provisions.
Rigid
Like the Swiss constitution, the Argentine Constitution is rigid in nature, in the sense
that it cannot be amended with ease. The procedure stipulated for amendment is difficult
and complicated. A proposal for a constitutional revision, partial or total may come from
an Assembly strictly summoned to that effect. The necessity of reform must be declared
by Congress with the vote of at least two-thirds of the members. Section 40 states the
two types of Consulta Popular, a demand put forward by a majority of citizenship;
referendum (law-making projects) and plebiscito (for matters of general interest)
Federal form of government and Republican constitution
According to the Constitution, Argentina is a representative federal republic, divided in
provinces, municipalities, and the Autonomous City of Buenos Aires. Each province has
the right and duty to dictate its own constitution, respecting the same principles as the
national constitution.
Democratic character
The government is regulated by a system of checks and balances defined by the
Constitution of Argentina, the country's supreme legal document. Suffrage is universal,
equal, secret and mandatory/compulsory.
Rights of the citizens
The Argentine Constitution's rights are divided in four groups: Civil, patrimonial, politic
and social. The Constitution establishes a sort of Bill of Rights, declarations 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.
Presidential system
Unlike Switzerland, the constitution vests the executive power in one person. Executive
Branch is formed just by the President, who promulgates the laws sanctioned by
Congress, and has veto power over them. The President directs international relations

and is the Commander in Chief of the Army. In some cases, the President can issue
emergency decrees.
Role of the Judiciary
The Argentine judiciary plays a bigger vital role than the judicial branch in Switzerland.
Judiciary has the duty to adjudicate cases and the authority to strike down legislation
found to be in contradiction with the Constitution (regulation of constitutional control).
The Court, with five members and, therefore, with a majority of three, could reject the
decisions it found unconstitutional to their discretion.
Bicameral legislature
The Argentine legislature is bicameral, that is, Congress consists of two chambers:
Cmara de Diputados (Chamber of Deputies, the Lower House) represents the people of
the nation. The law establishes that, initially, each province shall have one deputy per
161,000 inhabitants. In the other hand, Cmara de Senadores (Senate, the Upper House)
represents the provinces. The law establishes three senators per province.
The Legislative Branch is also composed of the Vice-President, the General Auditing
Office of the Nation and the Ombudsman.