CONSTITUTION OF THE ARGENTINE NATION
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.
DECLARATIONS, RIGHTS AND GUARANTEES
- Section 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
- 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
- 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 14bis.- 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.
- 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
- 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
- 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
- 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
- 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
- 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
- Section 28.- The principles, guarantees and rights recognized in
the preceding sections shall not be modified by the laws that regulate their
- 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
- 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
NEW RIGHTS AND GUARANTEES
- Section 36.- 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.
- 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.
- 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
- All citizens shall have the right to oppose resistance to those committing
the acts of force stated in this section.
- 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
- Congress shall enact a law on public ethics which shall rule the exercise
of public office.
- Section 37.- 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
- 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.- Political parties are basic institutions of the
- 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.
- The State contributes to the economic support of their activities and the
training of their leaders.
- Political parties shall make public the source and destiny of their funds
- Section 39.- Citizens shall have the right to introduce bills
before the House of Deputies. Congress shall consider them within the term of
- 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.
- Bills referring to constitutional reform, international treaties,
taxation, budget, and criminal legislation shall not originate in popular
- Section 40.- 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.
- 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.
- 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
- Section 41.- 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
- 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.
- The Nation shall regulate the minimum protection standards, and the
provinces those necessary to reinforce them, without altering their local
- The entry into the national territory of present or potential dangerous
wastes, and of radioactive ones, is forbidden.
- Section 42.- 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.
- 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.
- 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
- Section 43.- 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.
- 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.
- 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.
- 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.
AUTHORITIES OF THE NATION
- Section 44.- The Legislative Power of the Nation shall be vested in
a Congress composed of two Houses, one of Deputies of the Nation and the other
of Senators for the provinces and for the City of Buenos Aires.
The House of Deputies
- Section 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 C¢rdoba, six; for that of Catamarca, three; for that of
Corrientes, four; for that of Entre R¡os, 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 Tucum n, 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
- 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.
- Section 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.
Provisions applicable to both Houses
- Section 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
- 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
- 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
- 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
Powers of Congress
- Section 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.
- 2.- To levy indirect taxes as a power concurrent with the
provinces. To levy direct taxes for a specified term and proportionally equal
throughout the national territory, provided that the defense, common security
and general welfare of the State so require it. The taxes under this
subsection are subject to joint participation, except for those which, in part
or in all, have specific allocation.
- An agreement-law based on understandings between the Nation and the
provinces shall establish systems of joint participation for these taxes,
guaranteeing the automatic remittance of funds.
- The distribution among the Nation, the provinces and the City of Buenos
Aires, and among themselves, shall be carried out in direct relation to the
jurisdictions, services and functions of each one of them taking into account
objective sharing criteria; it shall be based on principles of equity and
solidarity giving priority to the achievement of a similar degree of
development, of living standards and equal opportunities throughout the
- 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
- 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.
- A federal fiscal body shall be in charge of the control and monitoring of
what is laid down in this subsection, according to the law which shall
guarantee the representation of all the provinces and of the City of Buenos
Aires as regards its composition.
- 3.- To set and modify specific allocations that may be subject to
joint participation, for a specified term, by a special law enacted with the
absolute majority of all the members of each House.
- 4.- To borrow money on the credit of the Nation.
- 5.- To decide about the use and sale of national lands.
- 6.- To establish and regulate a Federal bank with power to issue
money, as well as other national banks.
- 7.- To settle the payment of the domestic and foreign debt of the
- 8.- To fix annually, according to the standards laid down in the
third paragraph of subsection 2 of this Section, the general budget of
expenses and the estimate of resources of the National Administration, based
on the general program of the government and on the public investment plan,
and to approve or reject the investment account.
- 9.- To grant subsidies from the National Treasury to those
provinces the incomes of which, according to their budgets, do not cover their
- 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
- 11.- To coin money, to regulate the value thereof and that of
foreign currency; and to adopt a uniform standard of weights and measures for
the whole Nation.
- 12.- To enact the Civil, Commercial, Criminal, Mining, Labor and
Social Security Codes, in unified or separate bodies, provided that such codes
do not alter local jurisdictions, and their enforcement shall correspond to
the federal or provincial courts depending on the respective jurisdictions for
persons or things; and particularly to enact general laws of naturalization
and nationality for the whole nation, based on the principle of nationality by
birth or by option for the benefit of Argentina; as well as laws on
bankruptcy, counterfeiting of currency and public documents of the State, and
those laws that may be required to establish trial by jury.
- 13.- To regulate trade with foreign nations, and of the provinces
- 14.- To regulate and establish the general post offices of the
- 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
- 16.- To provide for the security of the frontiers.
- 17.- To recognize the ethnic and cultural pre-existence of
indigenous peoples of Argentina.
- To guarantee respect for the identity and the right to bilingual and
intercultural education; to recognize the legal capacity of their communities,
and the community possession and ownership of the lands they traditionally
occupy; and to regulate the granting of other lands adequate and sufficient
for human development; none of them shall be sold, transmitted or subject to
liens or attachments. To guarantee their participation in issues related to
their natural resources and in other interests affecting them. The provinces
may jointly exercise these powers.
- 18.- To provide for the prosperity of the country, for the advance
and welfare of all the provinces, and for the progress of education, drawing
up general and university educational plans, and promoting industry,
immigration, the construction of railways and navigable canals, the
colonization of government- owned lands, the introduction and establishment of
new industries, the imports of foreign capital, and the exploration of inland
rivers, through laws protecting these aims and through temporary grants of
privileges and stimulating rewards.
- 19.- To provide everything relevant to human development, economic
progress with social justice, the growth of the national economy, the creation
of jobs, the professional training of workers, the defense of the currency
value, the scientific and technological research and development, their
overall diffusion and beneficial use.
- To provide for the harmonious growth of the Nation and the settlement of
its territory; to promote differential policies in order to balance the
relative unequal development of provinces and regions. These initiatives shall
originate in the Senate.
- To enact laws referring to the organization and basis of education
consolidating national unity and respecting provincial and local
characteristics; which ensure the state responsibility that cannot be
delegated, family and society participation, the fostering of democratic
values and equal opportunities and possibilities with no discrimination
whatsoever; and which guarantee the principles of free and equitable State
public education as well as the autonomy and autarky of national
- To enact laws protecting the cultural identity and plurality, the free
creation and circulation of artistic works of authors, the artistic heritage
and places devoted to cultural and audiovisual activities.
- 20.- To establish courts inferior to the Supreme Court; to create
and suppress employments, to fix the duties thereof, to grant pensions, to
decree honors and to grant general amnesties.
- 21.- To accept or reject the reasons for the resignation of the
President or Vice-President of the Republic, and declare the need to call a
new election when required.
- 22.- To approve or reject treaties concluded with other nations and
international organizations, and concordats with the Holy See. Treaties and
concordats have a higher hierarchy than laws.
- The American Declaration of the Rights and Duties of Man; the Universal
Declaration of Human Rights; the American Convention on Human Rights; the
International Pact on Economic, Social and Cultural Rights; the International
Pact on Civil and Political Rights and its empowering Protocol; the Convention
on the Prevention and Punishment of Genocide; the International Convention on
the Elimination of all Forms of Racial Discrimination; the Convention on the
Elimination of all Forms of Discrimination against Woman; the Convention
against Torture and other Cruel, Inhuman or Degrading Treatments or
Punishments; the Convention on the Rights of the Child; in the full force of
their provisions, they have constitutional hierarchy, do no repeal any section
of the First Part of this Constitution and are to be understood as
complementing the rights and guarantees recognized herein. They shall only be
denounced, in such event, by the National Executive Power after the approval
of two-thirds of all the members of each House.
- In order to attain constitutional hierarchy, the other treaties and
conventions on human rights shall require the vote of two-thirds of all the
members of each House, after their approval by Congress.
- 23.- To legislate and promote positive measures guaranteeing true
equal opportunities and treatment, the full benefit and exercise of the rights
recognized by this Constitution and by the international treaties on human
rights in force, particularly referring to children, women, the aged, and
- To issue a special and integral social security system to protect children
from abandonment, since pregnancy up to the end of elementary education, and
to protect the mother during pregnancy and the period of lactation.
- 24.- To approve treaties of integration which delegate powers and
jurisdiction to supranational organizations under reciprocal and equal
conditions, and which respect the democratic order and human rights. The rules
derived therefrom have a higher hierarchy than laws.
- The approval of these treaties with Latin American States shall require
the absolute majority of all the members of each House. In the case of
treaties with other States, the National Congress, with the absolute majority
of the members present of each House, shall declare the advisability of the
approval of the treaty which shall only be approved with the vote of the
absolute majority of all the members of each House, one hundred and twenty
days after said declaration of advisability.
- The denouncement of the treaties referred to in this subsection shall
require the prior approval of the absolute majority of all the members of each
- 25.- To authorize the Executive Power to declare war or make
- 26.- To empower the Executive Power to order reprisals and to make
rules concerning the booty.
- 27.- To establish the Armed Forces in times of peace and war; and
to make rules for their organization and government.
- 28.- To authorize the entry of foreign troops into the territory of
the Nation and to allow national troops to leave the country.
- 29.- To declare in state of siege one or several parts of the
Nation in case of domestic commotion, and to approve or suspend the state of
siege declared by the Executive Power during a recess of Congress.
- 30.- To exercise exclusive legislation over the territory of the
Capital City of the Nation and to enact the legislation necessary for the
achievement of the specific ends of premises of national interest in the
territory of the Republic. Provincial and municipal authorities shall hold
power to levy taxes and power of police over these premises, insofar as they
do not interfere with the achievement of those ends.
- 31.- To order the federal intervention of a province or of the City
of Buenos Aires.
- To approve or revoke the intervention decreed by the Executive Power
during its recess.
- 32.- To make all appropriate laws and rules to put into effect the
aforementioned powers, and all other powers granted by this Constitution to
the Government of the Argentine Nation.
- Section 76.- 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.
- 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.
Making and enactment of laws
- Section 77.- 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.
- 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
- 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.
General Auditing Office of the Nation
- Section 85.- 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.
- 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.
- 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.
- 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.
- Section 86.- 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.
- 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
- The organization and operation of this body shall be ruled by a special
Its nature and duration
- Section 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.
Procedure and time of the election of President and
Vice-President of the Nation
- Section 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
- 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.
Powers of the Executive Branch
- Section 99.- The President of the Nation has the following
- 1.- He is the supreme head of the Nation, head of the government
and he is politically responsible for the general administration of the
- 2.- He issues the instructions and rules necessary for the
enforcement of the laws of the nation, without altering their spirit with
- 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
- Only when due to exceptional circumstances the ordinary procedures
foreseen by this Constitution for the enactment of laws are impossible to be
followed, and when rules are not referred to criminal issues, taxation,
electoral matters, or the system of political parties, he shall issue decrees
on grounds of necessity and urgency, which shall be decided by a general
agreement of ministers who shall countersign them together with the Chief of
the Ministerial Cabinet.
- Within the term of ten days, the Chief of the Ministerial Cabinet shall
personally submit the decision to the consideration of the Joint Standing
Committee of Congress, which shall be composed according to the proportion of
the political representation of the parties in each House. Within the term of
ten days, this committee shall submit its report to the plenary meeting of
each House for its specific consideration and it shall be immediately
discussed by both Houses. A special law enacted with the absolute majority of
all the members of each House shall regulate the procedure and scope of
- 4.- He appoints the justices of the Supreme Court with the consent
of the Senate by two-thirds of its members present, in a public meeting
convoked to this effect.
- He appoints the other judges of the lower federal courts according to a
binding proposal consisting of a list of three candidates submitted by the
Council of Magistracy, with the consent of the Senate in a public meeting, in
which the qualifications of the candidates shall be taken into account.
- 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.
- 5.- He may grant pardons or commute punishments for crimes subject
to federal jurisdiction, after the report of the corresponding court, except
in cases of impeachment by the House of Deputies.
- 6.- He may grant pensions, retirements, leaves of absence, and
widowed pensions according to the laws of the Nation.
- 7.- He appoints and removes ambassadors, ministers plenipotentiary
and commercial attaches with the consent of the Senate; on his own account, he
appoints and removes the Chief of the Ministerial Cabinet and the Ministers,
the officers of his Secretariat, consular agents, and other employees whose
appointments are not otherwise regulated by this Constitution.
- 8.- He annually performs the opening of the legislative session of
Congress, both Houses being assembled for this purpose, reporting on this
occasion on the state of the Nation, on amendments promised by the
Constitution, and recommending for consideration the measures he deems
necessary and advisable.
- 9.- He extends the ordinary legislative session of Congress, or
convokes to an extraordinary one when some serious order or progress interest
so requires it.
- 10.- He oversees the performance of the duties of the Chief of the
Ministerial Cabinet as regards the collection of the revenues of the Nation,
and their investment according to the law or budget of national
- 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
- 12.- He is commander-in-chief of all the Armed Forces of the
- 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
- 14.- He has the control of the Armed Forces and is in charge of
their organization and distribution, according to the needs of the Nation.
- 15.- He declares war and orders reprisals with the consent and
approval of Congress.
- 16.- In the event of foreign attack, he declares, with the consent
of the Senate, one or more places of the Nation in state of siege for a
limited period. In the event of domestic disorder, he only exerts this power
when Congress is in recess, since this is a power pertaining to this body. The
President exercises it under the limitations prescribed in Section 23.
- 17.- He may request whatever information he may consider proper
from the Chief of the Ministerial Cabinet and from the heads of all branches
and departments of the Administration, and through them, from other employees.
They are compelled to supply such information.
- 18.- He may leave the territory of the Nation with the consent of
Congress. During the recess of the latter, he may only do so without
permission on justified grounds of public interest.
- 19.- He is empowered to fill vacancies requiring the consent of the
Senate and occurring during its recess, by means of appointments on commission
expiring at the end of the next legislative session.
- 20.- He decrees the federal intervention of a province or of the
City of Buenos Aires in the event of the recess of Congress, and
simultaneously he must convoke the latter to consider such intervention.
The Chief of the Ministerial Cabinet and other Ministers of
- Section 100.- 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.
- The Chief of the Ministerial Cabinet, politically liable before the
National Congress, is empowered:
- 1.- To exercise the general administration of the country.
- 2.- To perform the acts and issue the rules necessary to exercise
the powers granted by this section as well as those delegated by the President
of the Nation, being countersigned by the pertinent secretary minister to
which the act or rule refers.
- 3.- To appoint the employees of the Administration, except for
those pertaining to the President.
- 4.- To exercise the functions and powers delegated to him by the
President of the Nation and, in cabinet agreement, to decide about matters
that the Executive Power may indicate to him or, on his own account, about
those he deems it necessary due to their importance, within the scope of his
- 5.- To coordinate, prepare and convoke the meetings of the
ministerial cabinet, presiding at them in the absence of the President.
- 6.- To submit to Congress the bills on Ministries and National
Budget, with their prior consideration in cabinet agreement and their approval
by the Executive Power.
- 7.- To have the revenues of the Nation collected and to enforce the
National Budget Act.
- 8.- To countersign regulatory decrees of the laws, decrees to
extend the ordinary legislative session of Congress or to convoke to an
extraordinary one, and the messages of the President supporting legislative
- 9.- To attend the meetings of Congress and take part in its
debates, but not to vote.
- 10.- Once the ordinary legislative session of Congress has begun,
to submit together with the other ministers a detailed report on the state of
the Nation regarding the business of the respective departments.
- 11.- To give such oral and written reports and explanations that
either of the Houses may request from the Executive Power.
- 12.- To countersign decrees about powers delegated by Congress,
which shall be under the control of the Joint Standing Committee.
- 13.- To countersign, together with the other ministers, decrees of
necessity and urgency and decrees on partial promulgation of laws. Within ten
days of their approval, he shall personally submit these decrees to the
consideration of the Joint Standing Committee.
- 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
- Section 102.- Each minister shall be responsible for the acts he
legalizes; and shall be jointly responsible for those he agrees on with his
- 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
- 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.
The Judicial Power
Its nature and duration
- Section 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
- 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
- Section 113.- The Supreme Court shall issue its own internal
regulations, and appoint its subordinate employees.
- Section 114.- 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
- 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.
- It is empowered:
- 1.- To select the candidates to the lower courts by public
- 2.- To issue proposals in binding lists of three candidates for the
appointment of the judges of the lower courts.
- 3.- To be in charge of the resources and to administer the budget
assigned by law to the administration of justice.
- 4.-To apply disciplinary measures to judges.
- 5.- To decide the opening of the proceedings for the removal of
judges, when appropriate to order their suspension, and to make the pertinent
- 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.- 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.
- 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
- 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.
- The composition and procedure of this jury shall be stated in the special
law mentioned in Section 114.
Powers of the Judiciary
- Section 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
- 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.
The Public Ministry
- Section 120.- 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
- 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.
- Its members enjoy functional immunities and intangibility of