The Legal system of Argentina is a Civil law legal system. The pillar of the Civil system is the Constitution of Argentina; the Argentine Constitution of 1853 was an attempt to unite the unstable and young country of the United Provinces of the Rio de la Plata under a single law, creating as well the different organisms needed to run a country. This constitution was approved after failed attempts in 1813, 1819 and 1831. Justice is administered by both provincial courts; the former deal only with cases of a national character or those to which different provinces or inhabitants of different provinces are parties. The Supreme Court, which supervises and regulates all other federal courts, is composed of nine members nominated by the president and confirmed by the Senate. Other federal courts include nine appellate courts, with three judges for each; the federal courts may not decide political questions. Judges of the lower courts are appointed by the president. Provincial courts include supreme courts, appellate courts, courts of first instance, minor courts of justices of the peace and of market judges.
Members of provincial courts are appointed by the provincial governors. Trial by jury was authorized by the 1853 constitution for criminal cases, but its establishment was left to the discretion of congress, resulting in sporadic use. A 1991 law provides a fund for compensating prisoners who were illegally detained during the 1976–83 military dictatorship. In 1992 a system of oral public trials was instituted to speed up the judicial process while improving the protection of procedural rights of criminal defendants. In 1989 President Carlos Menem, in a court-packing maneuver, expanded the number of Supreme Court justices from five to nine. In 2003, shortly after taking office, President Néstor Kirchner signaled his intention to remove some of Menem’s appointees and to strengthen the judiciary by undoing some of Menem's moves that turned the Supreme Court into a political ally of the president rather than an autonomous power of the state. Formal and informal constitutional accusation against Menem-appointed Supreme Court justices between 2003 and 2005 allowed Kirchner to appoint new justices.
He issued a degree limiting the powers of the president of the republic to appoint judges to the Supreme Court. The constitution prohibits arbitrary interference with privacy, home or correspondence; the government respects these provisions. The constitution prohibits torture; the judicial system is subject to delays, resulting in lengthy pretrial detention. Constitution of Argentina Bill of Rights Form of Government Delegation of Powers to the National Precedence of Laws - International Treaties Provincial ConstitutionsCivil Code of ArgentinaThe first Civil Code was written by Argentine jurist Dalmacio Vélez Sársfield, came into effect on January 1, 1871 and remained law until 1 August 2015, when it was replaced by a new Civil and Commercial Code - Código Civil y Comercial de la Nación; the 1871 Argentine Civil Code was inspired by the Spanish legal tradition, by the Brazilian Civil Code, the Spanish Civil Code of 1851, the Napoleonic code and the Chilean Civil Code. The sources of this Civil Code include various theoretical legal works of the great French jurists of the 19th century.
It was the first Civil Law that consciously adopted as its cornerstone the distinction between rights and obligations and real property rights, thus distancing itself from the French model. The new Código Civil y Comercial de la Nación brings many changes, in particular the modernization of family law. Penal Code of ArgentinaArgentine sources of law Statutory Law Case Law Custom General Principles of Law Analogy EquityArgentine interpretation of legislation Methods of Interpretation Sources of Interpretation Special Rules of InterpretationArgentine law jurisdictions Jurisdiction Competence Levels of Jurisdiction Jurisdiction of the Argentine Courts in the International Sphere Legal systems of the world Politics of Argentina Edwin Montefiore Borchard. Guide to the law and legal literature of Argentina and Chile. Law Library of Congress. Government Printing Office. Washington. 1917. Internet Archive
1983 Argentine general election
The Argentine general election of 1983 was held on 30 October and marked the return of constitutional rule following the self-styled National Reorganization Process dictatorship installed in 1976. Voters chose the president, governors and their respective national and town legislators. In 1976 the military announced a coup d'état against President Isabel Perón with problems of financial instability, endemic corruption, international isolation and violence that typified her last year in office. Many citizens believed the National Reorganization Process, the junta's government, would improve the general state of Argentina; as that regime's third dictator, General Leopoldo Galtieri, awoke in the early hours of June 18, 1982 to find a letter requesting he resign, however, he had no doubt that the Process had run its course. Against the wishes of Galtieri's commanders, the Joint Chiefs chose Army General Reynaldo Bignone not so much the new President as the usher towards a democratic transition, which President Bignone announced would take place in March 1984.
Inheriting an economy struggling under crushing interest rates imposed by the Central Bank Circular 1050, Bignone's new president of the institution, Domingo Cavallo, rescinded the policy in July, a move towards economic liberalization complemented by Bignone's restoring a limited right of assembly and free speech. Argentina's wide array of political parties, jointly pressing for elections through a "Multiparty" convened by centrist UCR leader Ricardo Balbín in 1981, geared for the imminent return to democracy. Six years of intermittent wage freezes, policies adverse to industry and restrictive measures like the Circular 1050 had left GDP per capita at its lowest level since 1968 and real wages lower by around 40%. Given these conditions, the return of some freedoms led to a wave of strikes, including two general strikes led by Saúl Ubaldini of the CGT labor federation. Fanning antagonism on the part of hard-liners in the regime, this led Admiral Jorge Anaya to announce his candidacy for President in August, becoming the first to do so.
Amid growing calls for quicker elections, police brutally repressed a December 16, 1982 demonstration in Buenos Aires' central Plaza de Mayo, resulting in the death of one protester and Bignone's hopes for an indefinite postponement of elections. Devoting themselves to damage control, the regime began preparing for the transition by shredding evidence of their murder of 15–30,000 dissidents. Hoping to quiet demands that their whereabouts be known, in February 1983 Buenos Aires Police Chief Ramón Camps publicly recognized the crime and asserted that the "disappeared" were, in fact, dead. Provoking popular indignation, Camps' interview forced President Bignone to cease denying the tragedy and, on April 28, declare a blanket amnesty for those involved. Among the first prominent political figures to condemn the amnesty was the leader of the UCR's progressive wing, Raúl Alfonsín, who secured his party's nomination during their convention in July. Alfonsín chose as his running mate Víctor Martínez, a more conservative UCR figure from Córdoba Province.
Their traditional opponents, the Justicialist Party, struggled to find candidates for not only the top of the ticket, but for a number of the more important local races, as well. Following conferences that dragged on for two months after the UCR nominated Alfonsín, the Justicialists' left wing proved little match for the CGT's influence within the party, they nominated ideological opposites Ítalo Lúder, who had served as acting President during Mrs. Perón's September 1975 sick leave, for President and former Chaco Province Governor Deolindo Bittel as his running mate. Constrained by time, Alfonsín focused his strategy on accusing the Justicialists, who had refused to condemn Bignone's military amnesty, of enjoying the dictator's tacit support. Alfonsín enjoyed the valuable support of a number of Argentine intellectuals and artists, including playwright Carlos Gorostiza, who devised the UCR candidate's slogan, Alfonsín. Lúder, aware of intraparty tensions, limited his campaign ads and rhetoric to an evocation of the founder of the Justicialist Party, the late Juan Perón.
Polls gave neither man an edge for the contest, scheduled for October 30. A few days for the elections, the Justicialist candidate for Governor of Buenos Aires Province, Herminio Iglesias, threw a "victory rally" in which a coffin draped in the UCR colors was burned before the television cameras; the bonfire ignited the electorate's bitter memories of Isabel Perón's tenure and helped result in a solid victory for the UCR. The Peronists were given 12 of 22 governorships; the UCR secured only 7 governors, though the nation's largest province, Buenos Aires, would be governed by the UCR's Alejandro Armendáriz. The elections themselves, which allowed Alfonsín to persuade Bignone to advance the inaugural to December 10, 1983, became, in playwright Carlos Gorostiza's words, "more than a democratic way out, a way into life." Radical Civic Union: Former Deputy Raúl Alfonsín of Buenos Aires Justicialist Party: Former Senator Ítalo Lúd
Ministry of Foreign Affairs and Worship
The Ministry of Foreign Affairs and Worship is the Argentine government ministry which oversees the foreign relations of Argentina. The Ministry's Department of Worship has several directorates; the Registry Directorate maintains the National Register of Religions, which compiles the mandatory registrations of all churches and religious communities, other than those of the Catholic Church. The Directorate General for Catholic Worship, is the main liaison for the government of Argentina with the Catholic Church, by far the largest religious body in Argentina, it maintains relations with the archbishops, the bishop's conference and with the various monastic orders. The department awards individuals and organizations that, through their work, have encouraged rich ecumenical and interreligious dialogue. Foreign relations of Argentina List of Foreign Ministers of Argentina Ministry of Foreign Affairs and Worship
National Autonomist Party
The National Autonomist Party was a conservative Argentine political party which ruled Argentina during the 1874-1916 period. Created on March 15, 1874 by the union of the Autonomist Party of Adolfo Alsina and the National Party of Nicolás Avellaneda, its principal figure was Julio Argentino Roca, twice president of Argentina. In economic matters it promoted the agricultural exports model, which favored the cattle and cereal producers of the Pampas and was a key in the development of the Argentine Railroad. After the 1890 Revolución del Parque, an opposing movement started inside the PAN opposed to the policies of Roca, which became known as the National Autonomist Party, which proposed and institutional modernization of the country, with goals towards opening up a true democratic system without electoral fraud as a means of perpetuating the party's power. Most preeminent in this political current were Roque Sáenz Peña, Carlos Pellegrini, Ramón J. Cárcano, among others. Under the administration of Roque Sáenz Peña, a law was written to allow for universal suffrage and mandatory, which permitted the free elections of 1916.
Its principal opposition was the Radical Civic Union, created after the 1890 revolution. After the electoral reform of 1912, the presidential elections of 1916, won by the UCR, the PAN disappeared from politics. Presidents from the PAN: Nicolás Avellaneda Julio Argentino Roca Miguel Juárez Celman Carlos Pellegrini Luis Sáenz Peña José Evaristo Uriburu Manuel Quintana José Figueroa Alcorta Roque Sáenz Peña Victorino de la Plaza Following the introduction of the Sáenz Peña Law in 1912, much of PAN would reorganise as the Conservative Party. Another faction would be the descendant of the Democratic Progressive Party which still exists today. In 1931, following the previous year's military coup, the conservatives returned to power under the banner of the National Democratic Party, leading the Concordancia coalition; the traditional conservative forces were politically marginalized following World War II and the rise of Peronism, after 1955 the PDN fell apart. Conservative parties descended. Generation of'80 History of Argentina List of Heads of State of Argentina
The Argentine Senate is the upper house of the National Congress of Argentina. The National Senate was established by the Argentine Confederation on July 29, 1854, pursuant to Articles 46 to 54 of the 1853 Constitution. There are three for the Autonomous City of Buenos Aires; the number of senators per province was raised from two to three following the 1994 amendment of the Argentine Constitution, the change took effect following the May 14, 1995, general elections. Senators are elected to six-year terms by direct election on a provincial basis, with the party with the most votes being awarded two of the province's senate seats and the second-place party receiving the third seat. Senators were indirectly elected to nine-year terms by each provincial legislature; these provisions were abrogated by a 1994 constitutional amendment, direct elections to the Senate took effect in 2001. One-third of the members are elected every two years. One-third of the provinces hold senatorial elections every two years.
The Vice President of the Republic is ex officio President of the Senate, with a casting vote in the event of a tie. In practice, the Provisional President presides over the chamber most of the time; the Senate must obtain this being an absolute majority. It has the power to approve bills passed by the Chamber of Deputies, call for joint sessions with the Lower House or special sessions with experts and interested parties, submit bills for the president's signature; the Senate must introduce any changes to federal revenue sharing policies, ratify international treaties, approve changes to constitutional or federal criminal laws, as well as confirm or impeach presidential nominees to the cabinet, the judiciary, the armed forces, the diplomatic corps, among other federal posts. There are twenty-four standing committees made up of fifteen members each, namely: Agreements Constitutional Affairs Foreign Affairs and Worship Justice and Criminal Affairs General Legislation Budget and Finance Administrative and Municipal Affairs National Defense Domestic Security and Drug Trafficking National Economy and Investment Industry and Trade Regional Economies, Micro and Medium Enterprises Labor and Social Security Agriculture, Cattle Raising and Fishing Education, Culture and Technology Rights and Guarantees Mining and Fuels Health and Sports Infrastructure and Transport Systems and Freedom of Speech Environment and Human Development Population and Human Development Federal Revenue Sharing Tourism.
According to Section 55 of the Argentine Constitution, candidates for the Argentine Senate must: be at least 30 years old have been a citizen of Argentina for six years be native to the province of his office, or have been a resident of that province for two years. See List of current members of the Argentine SenateAll data from official website; the current members of the Senate were elected in 2013, 2015 and 2017. The titular President of the Senate is the Vice President of Argentina. However, day to day leadership of the Senate is exercised by the Provisional President. Current leadership positions include: List of current Argentine senators Argentine Chamber of Deputies List of former Argentine Senators List of legislatures by country senado.gov.ar – Senate of Argentina
Visa requirements for Argentine citizens
Visa requirements for Argentine citizens are administrative entry restrictions by the authorities of other states placed on citizens of Argentina. As of 26 March 2019, Argentine citizens had visa-free or visa on arrival access 171 countries and territories ranking the Argentine passport 18th, in terms of travel freedom according to the Henley Passport Index. For journeys within South America, Argentines do not need to use a passport, as they may use their National Identity Document. Visa requirements for holders of normal passports not travelling as journalists: Argentina is a full member of Mercosur; as such, its citizens enjoy unlimited access to any of the other full members and associated members with the right to residence and work, with no requirement other than nationality. Citizens of these nine countries may apply for the grant of "temporary residence" for up to two years in another country of the bloc, they may apply for "permanent residence" just before the term of their "temporary residence" expires.
Many countries have entry restrictions on foreigners that go beyond the common requirement of having either a valid visa or a visa exemption. Such restrictions may be health related or impose additional documentation requirements on certain classes of people for diplomatic or political purposes. In the absence of specific bilateral agreements, countries requiring passports to be valid for at least 6 more months on arrival include Afghanistan, Anguilla, Bhutan, British Virgin Islands, Cambodia, Cape Verde, Cayman Islands, Central African Republic, Comoros, Costa Rica, Côte d'Ivoire, Curaçao, Egypt, El Salvador, Equatorial Guinea, Gabon, Guinea Bissau, Haiti, Iran, Israel, Kenya, Kuwait, Madagascar, Maldives, Marshall Islands, Myanmar, Nepal, Nigeria, Palau, Papua New Guinea, Qatar, Samoa, Saudi Arabia, Solomon Islands, Sri Lanka, Suriname, Thailand, Timor-Leste, Tonga, Uganda, United Arab Emirates, Vanuatu and Vietnam. Turkey requires passports to be valid for at least 150 days upon entry.
Countries requiring passports valid for at least 4 months on arrival include Zambia. Countries requiring passports with a validity of at least 3 months beyond the date of intended departure include European Union countries. Azerbaijan and Herzegovina, Nauru and New Zealand require 3 months validity beyond the date of the bearer's intended departure. Countries requiring passports valid for at least 3 months validity upon arrival include Albania, North Macedonia and Senegal. Bermuda requires passports to be valid for at least 45 days upon entry. Countries that require a passport validity of at least one month beyond the date of intended departure include Eritrea, Hong Kong, Lebanon and South Africa. Other countries require either a passport valid on arrival or a passport valid throughout the period of the intended stay; some countries have bilateral agreements with other countries to shorten the period of passport validity required for each other's citizens or accept passports that have expired.
Many countries require a minimum number of blank pages in the passport being presented one or two pages. Endorsement pages, which appear after the visa pages, are not counted as being available. Many African countries, including Angola, Burkina Faso, Central African Republic, Democratic Republic of the Congo, Republic of the Congo, Côte d'Ivoire, Equatorial Guinea, Ghana, Liberia, Mauritania, Rwanda, São Tomé and Príncipe, Sierra Leone and Zambia, require all incoming passengers to have a current International Certificate of Vaccination; some other countries require vaccination only if the passenger is coming from an infected area or has visited one recently. Kuwait, Libya, Saudi Arabia, Sudan and Yemen do not allow entry to people with passport stamps from Israel or whose passports have either a used or an unused Israeli visa, or where there is evidence of previous travel to Israel such as entry or exit stamps from neighbouring border posts in transit countries such as Jordan and Egypt. To circumvent this Arab League boycott of Israel, the Israeli immigration services have now ceased to stamp foreign nationals' passports on either entry to or exit from Israel.
Since 15 January 2013, Israel no longer stamps foreign passports at Ben Gurion Airport, giving passengers a card instead that reads: "Since January 2013 a pilot scheme has been introduced whereby visitors are given an entry card instead of an entry stamp on arrival. You should keep this card with your passport; this is evidence of your legal entry into Israel and may be required at any crossing points into the Occupied Palestinian Territories." Passports are still stamped at Erez when travelling out of Gaza. Passports are still stamped at the Jordan Valley/Sheikh Hussein and Yitzhak Rabin/Arava land borders with Jordan. Iran refuses admission to holders of passports containing an Israeli visa or stamp, less than 12 months old. Due to a state of war existing between Armenia and Azerbaijan, the government of Azerbaijan not only bans entry of citizens from Armenia, but all citizens and nationals of any othe
A political party is an organized group of people with common views, who come together to contest elections and hold power in the government. The party agrees on some proposed policies and programmes, with a view to promoting the collective good or furthering their supporters' interests. While there is some international commonality in the way political parties are recognized and in how they operate, there are many differences, some are significant. Many political parties have an ideological core, but some do not, many represent ideologies different from their ideology at the time the party was founded. Many countries, such as Germany and India, have several significant political parties, some nations have one-party systems, such as China and Cuba; the United States is in practice a two-party system but with many smaller parties participating and a high degree of autonomy for individual candidates. Political factions have existed in democratic societies since ancient times. Plato writes in his Republic on the formation of political cliques in Classical Athens, the tendency of Athenian citizens to vote according to factional loyalty rather than for the public good.
In the Roman Republic, Polybius coined the term ochlocracy to describe the tendency of politicians to mobilise popular factionalist sentiment against their political rivals. Factional politics remained a part of Roman political life through the Imperial period and beyond, the poet Juvenal coined the phrase "bread and circuses" to describe the political class pandering to the citizenry through diversionary entertainments rather than through arguments about policy. "Bread and circuses" survived as part of Byzantine political life - for example, the Nika revolt during the reign of Justinian was a riot between the "Blues" and the "Greens"—two chariot racing factions at the Hippodrome, who received patronage from different Senatorial factions and religious sects. The patricians who sponsored the Blues and the Greens competed with each other to hold grander games and public entertainments during electoral campaigns, in order to appeal to the citizenry of Constantinople; the first modern political factions, can be said to have originated in early modern Britain.
The first political factions, cohering around a basic, if fluid, set of principles, emerged from the Exclusion Crisis and Glorious Revolution in late 17th century England. The Whigs supported Protestant constitutional monarchy against absolute rule, they were interested in the citizens of United Kingdom being free from the aristocracy and opposed to any tyranny, however they supported the constitutional aristocracy and does not consider the British nobility abusive because of its limits; the leader of the Whigs was Robert Walpole, who maintained control of the government in the period 1721–1742. As the century wore on, the factions began to adopt more coherent political tendencies as the interests of their power bases began to diverge; the Whig party's initial base of support from the great aristocratic families widened to include the emerging industrial interests and wealthy merchants. As well as championing constitutional monarchy with strict limits on the monarch's power, the Whigs adamantly opposed a Catholic king as a threat to liberty, believed in extending toleration to nonconformist Protestants, or dissenters.
A major influence on the Whigs were the liberal political ideas of John Locke, the concepts of universal rights employed by Locke and Algernon Sidney. Although the Tories were out of office for half a century, for most of this period the Tories retained party cohesion, with occasional hopes of regaining office at the accession of George II and the downfall of the ministry of Sir Robert Walpole in 1742, they acted as a united, though unavailing, opposition to Whig corruption and scandals. At times they cooperated with the "Opposition Whigs", Whigs who were in opposition to the Whig government, they regained power with the accession of George III in 1760 under Lord Bute. When they lost power, the old Whig leadership dissolved into a decade of factional chaos with distinct "Grenvillite", "Bedfordite", "Rockinghamite", "Chathamite" factions successively in power, all referring to themselves as "Whigs". Out of this chaos, the first distinctive parties emerged; the first such party was the Rockingham Whigs under the leadership of Charles Watson-Wentworth and the intellectual guidance of the political philosopher Edmund Burke.
Burke laid out a philosophy that described the basic framework of the political party as "a body of men united for promoting by their joint endeavours the national interest, upon some particular principle in which they are all agreed". As opposed to the instability of the earlier factions, which were tied to a particular leader and could disintegrate if removed from power, the party was centred around a set of core principles and remained out of power as a united opposition to government. A coalition including the Rockingham Whigs, led by the Earl of She