1 / 21

Constitution as Catharsis Part 3 – Argentina

Constitution as Catharsis Part 3 – Argentina. Latin American Law. Last updated 17 Oct 11. Me gustan los estudiantes …. Mercedes Sosa. Constitution as political deal.

elmo-ware
Download Presentation

Constitution as Catharsis Part 3 – Argentina

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Constitution as CatharsisPart 3 – Argentina Latin American Law Last updated 17 Oct 11

  2. Me gustan los estudiantes … Mercedes Sosa

  3. Constitution as political deal Argentina (4th oldest constitution) seems more stable, less corrupt, more democratic, and stronger economically than rest of Latin America. In fact, I tend to think of Argentina as being a European country ….

  4. Dominican Republic (2002) US Constitution (1791) Cuba (1976) Mexico (1917) Puerto Rico (1952) Honduras (1982) Venezuela (1999) El Salvador (1983) Colombia (1991) Nicaragua (1987) Ecuador (1998) Costa Rica (1949) Panama (1972) Peru (1993) Brazil (1988) Bolivia (1967) Paraguay (1992) What events preceded the Argentina Constitution of 1994? Chile (1980) Uruguay (1967) Argentina (1994)

  5. Raul Alfonsin (1983-1989) Saa, Camaño, Duhalde (2001-2003) Juan Peron (1946-55, 1973-74) (wife – Isabel) Military junta (1975-1983) Generals Videla, Vidola, Gartieri Carlos Menem (1989-1999) Fernando de la Rua (1999-2001) Nestor/Cristina Kirchner (2003-present) “Dirty War” (1976-83) Falklands War (1982) Hyper-presidentialism?

  6. Argentina Constitution 1853 (Constituent Congress) • Olivos Agreement (1993) • (Menem – Alfonsin) • Presidential re-election • Powers to minister 1860 (National Convention) • Law 24:309 (1993) • Core stipulations • Proposed reforms 1866, 1898, 1957 (Reforms) 1994 (Constitutional Convention) Keith Orgel

  7. Why did Argentina (not to mention almost every other LatAm country) reject parliamentary systems in favor of republican/executive political structures? [prior year] Red - constitutional monarchies with authority vested in parliament Orange - parliamentary republics with parliaments supreme over head of state

  8. Constitutional balance of power … Jouet, Mugambi. The failed invigoration of Argentina's Constitution: presidential omnipotence, repression, instability, and lawlessness in Argentine history. 39 U. Miami Inter-Am. L. Rev. 409-462 (2008). [L][W] Juvenal “Who will guard the guards”

  9. Legislature • Senate • Chamber of Deputies • Judiciary • Supreme Court • Lower courts Permanent Bicameral Commission Auditor General Ombudsman • Judicial Council • Nominates judges • Governs judiciary • Impeachment jury • Executive • President • Chief of Ministers Object of structure? Reason for structure? Comparison to US? Keith Orgel • Public Ministry • Attorney General • General Defender

  10. Gen Douglas Lute (war czar) Barry McCaffrey (drug czar) VP AL Gore (energy czar) Tom Ridge (security czar) Henry Paulson (finance czar)

  11. From “Toward Democratic Consolidation?” Argentina Supreme Court (2003)

  12. Constitution or reform …

  13. Political Compromise • US Constitution (1791) • Preamble ["We the people...."] • Art I [The Legislative Branch] • ..Sec 1. [Legislative Power Vested] • ..Sec 2. [House of Representatives] • ..Sec 3. [Senate] • ..Sec 4. [Elections of Senators, Representatives] • ..Sec 5. [Rules of House and Senate] • ..Sec 6. [Compensation and Privileges of Members] • ..Sec 7. [Passage of Bills] • ..Sec 8. [Scope of Legislative Power] • ..Sec 9. [Limits on Legislative Power] • ..Sec 10. [Limits on States] • Art II [The Presidency] • ..Sec 1. [Election, Installation, Removal] • ..Sec 2. [Presidential Power] • ..Sec 3. [State of the Union, Receive Ambassadors, Laws Faithfully Executed, Commission Officers] • ..Sec 4. [Impeachment] • Art III [The Judiciary] • ..Sec 1. [Judicial Power Vested] • ..Sec 2. [Scope of Judicial Power] • ..Sec 3. [Treason] • Art IV [The States] • ..Sec 1. [Full Faith and Credit] • ..Sec 2. [Privileges and Immunities, Extradiction, Fugitive Slaves] • ..Sec 3. [Admission of States] • ..Sec 4. [Guarantees to States] • Art V [The Amendment Process] • Art VI [Legal Status of the Constitution] • Art VII [Ratification] • Amendments (27 in 216 years – 1.3/decade) Argentina Constitution (1994) FIRST PART • Ch 1: DECLARATIONS, RIGHTS AND GUARANTEES • Ch 2: NEW RIGHTS AND GUARANTEES SECOND PART: AUTHORITIES OF THE NATION TITLE I: FEDERAL GOVERNMENT • FIRST DIVISION: LEGISLATIVE POWER • CH I: The House of Deputies • CH II: The Senate • CH III: Provisions applicable to both Houses • CH lV: Powers of Congress • CH V: Making and enactment of laws • CH VI: General Auditing Office of the Nation • CH VII: The Ombudsman • SECOND DIVISION: EXECUTIVE POWER • CH I: Its nature and duration • CH II: Procedure and time of the election of President and Vice-President of the Nation • CH III: Powers of the Executive Branch • CH IV: The Chief of the Ministerial Cabinet and other Ministers of the Executive Power • THIRD DIVISION: The Judicial Power • CH I: Its nature and duration • CH II:Powers of the Judiciary • FOURTH DIVISION: The Public Ministry TITLE II: Provincial Governments

  14. Political Compromise • US Constitution (1791) • Preamble ["We the people...."] • Art I [The Legislative Branch] • ..Sec 1. [Legislative Power Vested] • ..Sec 2. [House of Representatives] • ..Sec 3. [Senate] • ..Sec 4. [Elections of Senators, Representatives] • ..Sec 5. [Rules of House and Senate] • ..Sec 6. [Compensation and Privileges of Members] • ..Sec 7. [Passage of Bills] • ..Sec 8. [Scope of Legislative Power] • ..Sec 9. [Limits on Legislative Power] • ..Sec 10. [Limits on States] • Art II [The Presidency] • ..Sec 1. [Election, Installation, Removal] • ..Sec 2. [Presidential Power] • ..Sec 3. [State of the Union, Receive Ambassadors, Laws Faithfully Executed, Commission Officers] • ..Sec 4. [Impeachment] • Art III [The Judiciary] • ..Sec 1. [Judicial Power Vested] • ..Sec 2. [Scope of Judicial Power] • ..Sec 3. [Treason] • Art IV [The States] • ..Sec 1. [Full Faith and Credit] • ..Sec 2. [Privileges and Immunities, Extradiction, Fugitive Slaves] • ..Sec 3. [Admission of States] • ..Sec 4. [Guarantees to States] • Art V [The Amendment Process] • Art VI [Legal Status of the Constitution] • Art VII [Ratification] • Amendments (27 in 216 years – 1.3/decade) Argentina Constitution (1994) FIRST PART • Ch 1: DECLARATIONS, RIGHTS AND GUARANTEES • Ch 2: NEW RIGHTS AND GUARANTEES SECOND PART: AUTHORITIES OF THE NATION TITLE I: FEDERAL GOVERNMENT • FIRST DIVISION: LEGISLATIVE POWER • CH I: The House of Deputies • CH II: The Senate • CH III: Provisions applicable to both Houses • CH lV: Powers of Congress • CH V: Making and enactment of laws • CH VI: General Auditing Office of the Nation • CH VII: The Ombudsman • SECOND DIVISION: EXECUTIVE POWER • CH I: Its nature and duration • CH II: Procedure and time of the election of President and Vice-President of the Nation • CH III: Powers of the Executive Branch • CH IV: The Chief of the Ministerial Cabinet and other Ministers of the Executive Power • THIRD DIVISION: The Judicial Power • CH I: Its nature and duration • CH II:Powers of the Judiciary • FOURTH DIVISION: The Public Ministry TITLE II: Provincial Governments • right to resist oppression • equality between men and women • right to form political parties • freedom of expression • popular initiatives on social matters • ecological rights to healthy environment • consumer rights • equality rights • workers rights • indigenous rights • educational rights • intellectual property rights • international rights. • right to resist oppression • equality between men and women • right to form political parties • freedom of expression • popular initiatives on social matters • ecological rights to healthy environment • consumer rights • equality rights • workers rights • indigenous rights • educational rights • intellectual property rights • international rights. Argentina Constitution (1994) FIRST PART • Ch 1: DECLARATIONS, RIGHTS AND GUARANTEES • Ch 2: NEW RIGHTS AND GUARANTEES SECOND PART: AUTHORITIES OF THE NATION TITLE I: FEDERAL GOVERNMENT • FIRST DIVISION: LEGISLATIVE POWER • CH I: The House of Deputies • CH II: The Senate • CH III: Provisions applicable to both Houses • CH lV: Powers of Congress • CH V: Making and enactment of laws • CH VI: General Auditing Office of the Nation • CH VII: The Ombudsman • SECOND DIVISION: EXECUTIVE POWER • CH I: Its nature and duration • CH II: Procedure and time of the election of President and Vice-President of the Nation • CH III: Powers of the Executive Branch • CH IV: The Chief of the Ministerial Cabinet and other Ministers of the Executive Power • THIRD DIVISION: The Judicial Power • CH I: Its nature and duration • CH II:Powers of the Judiciary • FOURTH DIVISION: The Public Ministry TITLE II: Provincial Governments

  15. Has the text of US Constitution been amended? US Constitution Article V The Congress, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the legislatures of two thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by the legislatures of three fourths of the several states, or by conventions in three fourths thereof, as the one or the other mode of ratification may be proposed by the Congress; provided that no amendment which may be made prior to the year one thousand eight hundred and eight shall in any manner affect the first and fourth clauses in the ninth section of the first article; and that no state, without its consent, shall be deprived of its equal suffrage in the Senate.

  16. What is effect of – • Compulsory voting ? • Direct vs indirect election of president? • Quota for women on electoral slates? • Government support for political parties? Julia Di Vito Taylor Noland

  17. End

  18. Supremacy of treaties …

  19. Article 75 allows Congress to approve treaties, which achieve same level of validity as Constitution, complementing constitutional civil rights. Argentina is party to all 8 major human rights treaties, each of equal importance with the Constitution itself. Biancha Hudson

  20. What are second and third generation rights?

More Related