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Argentine Constitution of 1853

Argentine Constitution of 1853
Constitución Nacional Argentina 1853 - página 1.jpeg
Cover of the original manuscript of the 1853 Constitution
Ratified 1853
Signatories 1853 Constituent Assembly

The Argentine Constitution of 1853 was the first constitution of Argentina approved with the support of the governments of the provinces —though without that of the Buenos Aires Province, who remained separated of the Argentine Confederation until 1859, after several modifications to the original constitution— sanctioned in May 1853 by the Constitutional Convention gathered in Santa Fe, and promulgated by the head of the national executive government Justo José de Urquiza.

In spite of a number of reforms of varying importance, the 1853 constitution is still substantially the base of the current Argentine juridical system. It was closely inspired by the juridical and political doctrines of the United States federal Constitution, establishing 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 equilibrate the population's representation with equity among the provinces.

The model, elaborated by the constitutional deputies from the precedent constitutional attempts and the pioneer work of Juan Bautista Alberdi, has been the target of repeated critics; the mechanism of federal model has been objected, and its true effectiveness has been questioned for being based in foreign experiences instead of following the peculiar Argentine history, far different from the North American colonialism by the British. 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 an either positive or negative reference on the political consequences of the 1853 constitution.


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