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Constitution of Argentina


The Constitution of Argentina is the basic governing document of Argentina, and the primary source of existing law in Argentina. Its first version was written in 1853 by a Constitutional Assembly gathered in Santa Fe, and the doctrinal basis was taken in part from the United States Constitution. It was then reformed in 1860, 1866, 1898, 1949, 1957 (which mainly repealed the 1949 reform), and the current version is the reformed text of 1994.

The first attempt to divide political power in Argentina was during the government created after the May Revolution (Spanish: Revolución de Mayo): the Primera Junta could not create new taxes without the Cabildo's authorization.

Many revolutionary leaders, led by Mariano Moreno, wanted to declare independence immediately and to make a constitution in order to build an independent state. In October 1811, the Junta Grande, which succeeded the Primera Junta, enacted the Regulation for the Division of Power, but it was not accepted by the executive power. Nevertheless, the freedom of press and the Decree on Individual Security were accepted by November. In 1813, the General Constitutional Assembly was intended to declare a constitution but it could only declare the freedom for slaves' sons.

In 1819 and 1826 were declared two constitutions that eventually failed because of the disagreement between Federals and Centralists. Many other constitutional pacts existed between 1820 and 1853 (when the current Argentine Constitution was enacted). The most important of them are: the Treaty of Pilar (1820), the Treaty of the Cuadrilátero (1822), the Federal Pact (1831), the Palermo Protocol (1852), and the Treaty of San Nicolás (1852).


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