Human & Constitutional Rights, Documents

CONSTITUTION OF THE ARGENTINE NATION

Santa Fe - Parana
-1994-

Title II: Provincial Governments

Article 121. The Provinces retain all powers not delegated by this Constitution to the Federal Government, and those they have expressly reserved by special covenants at the time of their incorporation [into the Argentine Republic].

Article 122. The Provinces make their own local institutions and are governed by them. They elect their governors, legislators, and other Provincial officials, without intervention by the Federal Government.

Article 123. Each Province dictates its own Constitution, in conformity with what is established in Article 5, assuring municipal autonomy and regulating its scope and content in the institutional, political, administrative, economic, and financial structure.

Article 124. With the knowledge of the National Congress, the Provinces may create regions for economic and social development and establish bodies with power to achieve their goals, and they may enter international agreements as long as these are not incompatible with the foreign policy of the Nation and do not affect the powers delegated to the Federal Government or the public credit of the Nation. The City of Buenos Aires shall have a system that shall be established for such purpose.

The original ownership over natural resources existing in their territory belongs to the Provinces.

Article 125. With the knowledge of the National Congress, the Provinces may enter into partial treaties for purposes of administration of justice, economic interests and works of common utility; and they may promote their industry, immigration, the construction of railroads and navigable canals, the settlement of lands owned by the Province, the introduction and establishment of new industries, the importation of foreign capital, and the exploration of their rivers, through laws protective of these purposes and with their own funds.

The Provinces and the City of Buenos Aires may maintain social security agencies for public employees and professionals, and may promote economic progress, human development, the creation of employment, education, science, knowledge, and culture.

Article 126. The Provinces do not exercise the power delegated to the Nation. They may not enter into partial treaties of a political nature; or enact laws dealing with commerce, or internal or foreign navigation; or establish Provincial customhouses; or coin money; or establish banks having note-issuing powers without the authorization of the Federal Congress; or enact Civil, Commercial, Penal, or Mining Codes after the Congress has enacted them; or enact special laws on citizenship and naturalization, bankruptcy, or counterfeiting of currency or State documents; or impose tonnage duties; or arm ships of war or raise armies, except in the event of foreign invasion or of such imminent danger as not to admit delay, giving immediate notice to the Federal Government; or appoint or receive foreign representatives.

Article 127. No Province may declare or wage war against another Province. Their complaints must be submitted to and settled by the Supreme Court of Justice. Their de facto hostilities are acts of civil war, characterized as sedition or rebellion, which the Federal Government must suppress and punish in accordance with the law.

Article 128. The governors of the Provinces are the natural representatives of the Federal Government for enforcing compliance with the Constitution and the laws of the Nation.

Article 129. The City of Buenos Aires shall have an autonomous system of government, with its own legislative and jurisdictional powers, and a head of government who shall be elected directly by the people of the City.

A law shall guarantee the interests of the National Government while the City of Buenos Aires is the capital of the Nation.

Within the framework established in this article, the National Congress shall convene the inhabitants of the City of Buenos Aires so that, through the representatives that they elect for this purpose, they enact the organizational statute of the City's institutions.


Translation by Jonathan M. Miller & Fang-Lian Liao
©Jonathan M. Miller, reproduced with permission

Note:  Except where otherwise noted, this translation follows the text published in the Boletín Offical of August 23, 1994, including use of italics to indicate sections that were reformed by the Constitutional Convention of 1994 and the use of bold for emphasis.

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