Original version of the present-day Argentinian constitution
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Constitution of Argentina of 1853
Cover of the original manuscript of the 1853 Constitution
Ratified
1 May 1853
Signatories
1853 Constituent Assembly
Full text
Constitution of Argentina at Wikisource
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The current Constitution of Argentina dates from 1853. The Constitution of Argentina of 1853 was approved in 1853 by almost all of the provincial governments at that moment (currently Argentina is made up of 24 jurisdictions of which 23 are provinces and one is an autonomous city) with the exception of Buenos Aires Province, which remained separate from the Argentine Confederation until 1859. After several modifications to the original constitution and the return of power to Buenos Aires' Unitarian Party, it was sanctioned on May 1, 1853, by the Constitutional Convention gathered in Santa Fe, and it was promulgated by the provisional director of the national executive government Justo José de Urquiza, a member of the Federalist Party. Following the short-lived constitutions of 1819 and 1826, it was the third constitution in the history of the country.
Despite several reforms of varying importance, the 1853 constitution is still substantially the basis of the current Argentine juridical system.[1] It was closely inspired by the juridical and political doctrines of the United States Federal Constitution.[2] It established, for instance, a Republican division of powers, a high level of independence for the provinces, and a federal power controlled by a strong executive government yet limited by a bicameral national congress to balance the population's representation with equity among the provinces. It also drew from the previous constitutions as well as the pioneering works of eminent jurist Juan Bautista Alberdi.[3][1]
The model has been frequently criticized by historians of the era. The introduction of a federal system had been characterized by several scholars as being unfeasible and unsuitable for Argentina. Others have charged the introduction with being overtly influenced by the United States Constitution, instead of earlier models found in Argentine history. More recently, the constitution has been criticized for placing great power in the presidency.[4] Nevertheless, the historical importance of the constitutional project has been unquestionable, and virtually all disputes regarding the political theory and practice in modern Argentina include either positive or negative references to the political consequences of the 1853 constitution.
For the Generation of '80, the settlers of the first liberal conventions on Argentine historiography, the constitution represented a true foundational act that broke the long government of Juan Manuel de Rosas. The members of the Generation of '80 especially praised the fact that the Constitution established a European-style liberal political regime. However, at the time that it was sanctioned, it had been strongly opposed by some of them. [citation needed]For the UCR, a group with social-democrat tendencies, the constitution represented an unfulfilled political ideal against the oligarchic government Generation of '80, perpetuated in power through electoral fraud. At the same time, for the nationalist movements of the 20th century, who criticized the liberal conventions and praised Rosas, the constitution had represented the renouncement of the national identity towards the ruin of liberalism. On different fronts, the discussion remains open, and has inspired several of the most important works of Argentine thought.
^ abBarreneche, Osvaldo (2006). Crime and the Administration of Justice in Buenos Aires, 1785-1853. Lincoln: University of Nebraska Press. p. 126. ISBN 978-0-8032-1357-9.
^Chavez, Rebecca Bill (2004). The Rule of Law in Nascent Democracies: Judicial Politics in Argentina. Stanford, CA: Stanford University Press. p. 30. ISBN 978-0-8047-4812-4.
^Basset, Ursula (2018-09-10). Introduction to the Law of Argentina. Kluwer Law International B.V. ISBN 978-94-035-0370-7.
^Llanos, Mariana (2002). Privatization and Democracy in Argentina: An Analysis of President-Congress Relations. New York: Palgrave Macmillan. p. 7. ISBN 978-1-349-42456-6.
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Constitution of Argentina at Wikisource