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88-566: The government of Argentina , within the framework of a federal system , is a presidential representative democratic republic . The president of Argentina is both head of state and head of government . Executive power is exercised by the president. Legislative power is vested in the National Congress . The Judiciary is independent from the Executive and from the Legislature, and

176-527: A confederacy and a unitary state . The U.S. Constitution was written as a replacement for the Articles of Confederation , under which the United States was a loose confederation with a weak central government. In contrast, Europe has a greater history of unitary states than North America, thus European "federalism" argues for a weaker central government, relative to a unitary state. The modern American usage of

264-748: A confederation , (see "pathway" graphic re regional integration or regional separation). Federalism may encompass as few as two or three internal divisions, as is the case in Belgium or Bosnia and Herzegovina . In Canada , federalism typically implies opposition to sovereignty movements—most commonly the question of Quebec separatism . In 1999, the Government of Canada established the Forum of Federations as an international network for exchange of best practices among federal and federalizing countries. Headquartered in Ottawa ,

352-488: A 10% lead over the runner-up. In any other case, the two leading tickets get to face a second round whose victor will be decided by a simple majority. This mechanism was not necessary in the 1995 election , when it could have first come into use, nor in the ones in 1999 , 2007 , 2011 , and 2019 . However, it was instrumental in the selection of Néstor Kirchner in 2003 , of Mauricio Macri in 2015 , and, most recently, of Javier Milei in 2023 . The cabinet of ministers

440-524: A composition of both"—i.e., constituting neither a single large unitary state nor a league/confederation among several small states, but a hybrid of the two forms—according to Madison; "The Federalist No. 39" . Notably, in the course of the nineteenth century in the United States, the meaning of federalism shifted, now referring uniquely to the novel compound-political form established at the Philadelphia Constitution Convention —while

528-593: A condition originally granted in exchange for the Kingdom of Bavaria 's agreement to join the German Empire in 1871. The constitutions of Germany and the United States provide that all powers not specifically granted to the federal government are retained by the states. The Constitution of some countries, like Canada and India , state that powers not explicitly granted to the provincial/state governments are retained by

616-432: A different system. Its territory is divided into 134 districts called partidos , each of which usually contains several cities and towns. Regardless of the province, each department/partido has a head town ( cabecera ), often though not necessarily the largest urban center, and in some provinces often named the same as their parent district. Municipalities are ruled by mayors, usually called Intendant ( intendente ) in

704-426: A federal system: Immanuel Kant noted that "the problem of setting up a state can be solved even by a nation of devils" — if they possess a constitution that pits opposing factions against each other with a durable system of binding checks and balances . Essentially, particular states may use federation as a mechanism (a safeguard) against the possibilities of rebellion or war—or the rise of repressive government via

792-520: A federation is formed at two levels: the central government and the regions (states, provinces, territories), and little to nothing is said about second or third level administrative political entities. Brazil is an exception, because the 1988 Constitution included the municipalities as autonomous political entities making the federation tripartite, encompassing the Union, the States, and the municipalities. Each state

880-402: A federation, the division of power between federal and regional governments is usually outlined in the constitution . Almost every country allows some degree of regional self-government, but in federations the right to self-government of the component states is constitutionally entrenched. Component states often also possess their own constitutions which they may amend as they see fit, although in

968-691: A law passed by Congress if deems it unconstitutional). The members of the Supreme Court are appointed by the President with the agreement of at least two thirds of the present Senate members in a session convened for that purpose, and can only be removed by an impeachment process called juicio político ("political trial"), initiated by the Chamber of Deputies and carried out by the Senate, exclusively on grounds of improper behaviour. The Supreme Court of Argentina

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1056-508: A law reducing the Court to seven justices (thus reducing the majority to four). On 9 November 2006 Senator Cristina Fernández de Kirchner (the President's wife) presented a legislative bill to repeal Law 24774, which dictated the increase to nine justices, in order to eventually return to the original number of five. Most of the members of the Court welcomed this project. The current composition of

1144-406: A majority of the states or cantons. In Australia, this latter requirement is known as a double majority . Some federal constitutions also provide that certain constitutional amendments cannot occur without the unanimous consent of all states or of a particular state. The US constitution provides that no state may be deprived of equal representation in the senate without its consent. In Australia, if

1232-578: A number of deputies roughly proportional to their overall population by proportional representation , and three senators: two for the majority, and one for the first minority. Members of both chambers are allowed indefinite re-elections. Every two years, each of the 24 electoral districts (the twenty-three Provinces and the Autonomous City of Buenos Aires) elects one half of their lower chamber representatives. Districts with an odd number of Deputies elect one more or one fewer of them on each election. As for

1320-640: A particular region or regions. In Spain, the Basques and Catalans , as well as the Galicians , spearheaded a historic movement to have their national specificity recognized, crystallizing in the "historical communities" such as Navarre , Galicia , Catalonia , and the Basque Country . They have more powers than the later expanded arrangement for other Spanish regions, or the Spain of the autonomous communities (called also

1408-518: A proposed amendment will specifically impact one or more states, then it must be endorsed in the referendum held in each of those states. Any amendment to the Canadian constitution that would modify the role of the monarchy would require unanimous consent of the provinces. The German Basic Law provides that no amendment is admissible at all that would abolish the federal system. It has been argued that federalism and other forms of territorial autonomy are

1496-449: A root in the Latin word foedus , meaning " treaty , pact or covenant ". Until the late eighteenth century their two early meanings were essentially the same: a simple league among sovereign states , based on a treaty; (thus, initially the two were synonyms). It was in this sense that James Madison referred to the new US Constitution as "neither a national nor a federal Constitution, but

1584-519: A seat in the Supreme Court must be presented by the Executive Branch for consideration. The nominees' resumes must be made public and announced by the Ministry of Justice , and can be discussed in the media and elsewhere by NGOs , professional law associations, academic and human rights groups, and all citizens in general. After three months, the President, with this advice, can then choose to present

1672-479: A short time before return of the constitutional order in 1973. An ad hoc tribunal was formed on May 24, 1973. The five new judges were all Peronists, and none of them came from the judicial family, nor had followed a career in courts. Following the March 1976 military coup , the military junta attempted to depose all the Supreme Court magistrates. The latter, however, accepted the imposition of an act formulating

1760-532: A state and provides only limited regional sovereignty, anarchist federalism as envisioned by Pierre-Joseph Proudhon is stateless, providing every autonomy with absolute sovereignty and distinct individuality. The Swiss constitution , in its support of indivisibility and nationhood and its view that its cantons are mere territorial divisions rather than sovereign constituencies, is incompatible with anarchist federalism and its principles of free association , decentralization and autonomy . Anarchist federalism

1848-518: A stronger central government. When the U.S. Constitution was being drafted, the Federalist Party supported a stronger central government, while " Anti-Federalists " wanted a weaker central government. This is very different from the modern usage of "federalism" in Europe and the United States. The distinction stems from the fact that "federalism" is situated in the middle of the political spectrum between

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1936-475: A union of the states of the Old Swiss Confederacy as of the mid-14th century. Federalism differs from confederalism , where the central government is created subordinate to the regional states—and is notable for its regional-separation of governing powers, (e.g., the Articles of Confederation as the general level of government of the original Thirteen Colonies ; and, later in the United States,

2024-492: A useful way to structure political systems in order to prevent violence among different groups within countries because it allows certain groups to legislate at the subnational level. Some scholars have suggested, however, that federalism can divide countries and result in state collapse because it creates proto-states. Still others have shown that federalism is only divisive when it lacks mechanisms that encourage political parties to compete across regional boundaries. Federalism

2112-399: A would-be dictator or a centralized oligarchy . Proponents of federal systems have historically argued that the structures of checks-and-balances and power-sharing that are inherent in a federal system reduces threats—both foreign and domestic. And federalism enables a state to be both large and diverse , by mitigating the risk of a central government turning tyrannical. Countries around

2200-412: Is a gradual movement of power from the component states to the centre, as the federal government acquires additional powers, sometimes to deal with unforeseen circumstances. The acquisition of new powers by a federal government may occur through formal constitutional amendment or simply through a broadening of the interpretation of a government's existing constitutional powers given by the courts. Usually,

2288-440: Is a rejection of the statism and nationalism present in modern federations, and instead provides an alternative system of federative organization founded on stateless individuality and autonomy . For anarchists, republican federalism is as oppressive as a centralized, unitary state , for all it is perceived to accomplish is delegate and transfer the perceived oppression of a state to local levels and jurisdictions . In

2376-463: Is also the chief of the Argentine Armed Forces . The president and the vice president are elected through universal suffrage by the nation. The constitutional reform of 1994 introduced a two-round system , more popularly known in the country as ballotage , by which the winning presidential ticket has to receive either more than 45% of the overall valid votes, or at least 40% of it and

2464-514: Is appointed by the president, but is not technically part of the executive power. The vice president belongs to the legislative branch, since they also hold the presidency of the senate. As of October 2024: The National Congress ( Spanish : Congreso Nacional ) constitutes the legislative branch of government. The Congress consists of the Senate (72 seats), presided by the Vice-President of

2552-512: Is bordered on the increasing-separation side by confederalism, and on the increasing-integration side by devolution within a unitary state; (see "pathway" graphic). Some characterize the European Union as a pioneering example of federalism in a multi-state setting—with the concept termed a "federal union of states", as situated on the pathway (sprectrum) of regional-integration or regional-separation . Examples of federalism today, i.e.,

2640-471: Is composed of federal judges and others with different jurisdictions and of a Supreme Court with nine members (one President, one Vice President, and seven Ministers), appointed by the President with approval of the Senate, who may be deposed by Congress. As of December 2015 there are six vacancies, which then President Kirchner stated she did not intend to fill. Argentina is divided into 23 districts called Provinces and one autonomous district , which hosts

2728-478: Is divided into municipalities ( municípios ) with their own legislative council ( câmara de vereadores ) and a mayor ( prefeito ), which are partly autonomous from both Federal and State Government. Each municipality has a "little constitution", called "organic law" ( lei orgânica ). Mexico is an intermediate case, in that municipalities are granted full-autonomy by the federal constitution and their existence as autonomous entities ( municipio libre , "free municipality")

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2816-497: Is established by the federal government and cannot be revoked by the states' constitutions. Moreover, the federal constitution determines which powers and competencies belong exclusively to the municipalities and not to the constituent states . However, municipalities do not have an elected legislative assembly. Federations often employ the paradox of being a union of states, while still being states (or having aspects of statehood ) in themselves. For example, James Madison (author of

2904-426: Is federated, vs. only part of their territory is federated. Some systems are national while others, like the European Union , are supra-national. Two extremes of federalism are notable: 1) at one extreme, the strong federal state is almost completely unitary, with few powers reserved to local governments; 2) at the opposite extreme, the national government may be a federation in name-only, while actually operating as

2992-605: Is headquartered in the Palacio de Justicia , in the Buenos Aires neighbourhood of San Nicolás (the surrounding area is commonly known as "Tribunales" due to the palace's location). The building was designed by French architect Norbert Maillart in 1906, and initially inaugurated in 1910. Subsequent works, both logistical and aesthetic, continued until 1942, and among its most noteworthy monuments are Justice , by Rogelio Yrurtia , and José de San Martín , by Luis Perlotti . Until

3080-933: Is led by a governor . The Legislative Branch may be organized as a unicameral or a bicameral system, i.e:, with either one or two chambers or houses; currently, eight of the 24 provinces has a bicameral legislature. Each province, except for Buenos Aires Province , is divided into districts called departments ( departamentos ). Departments are merely administrative divisions; they do not have governing structures or authorities of their own. They are in turn divided into municipalities (cities, towns and villages). Each province has its own naming conventions and government systems for different kinds of municipalities. For example, Córdoba Province has municipios (cities) and comunas (towns); Santa Fe Province further distinguishes between first- and second- tier municipios ; Chaco Province refers to every populated center as municipios , in three categories. The Province of Buenos Aires has

3168-483: Is represented by an equal number of senators irrespective of the size of its population. Alternatively, or in addition to this practice, the members of an upper house may be indirectly elected by the government or legislature of the component states, as occurred in the United States prior to 1913 , or be actual members or delegates of the state governments, as, for example, is the case in the German Bundesrat and in

3256-516: Is sometimes viewed in the context of international negotiation as "the best system for integrating diverse nations, ethnic groups, or combatant parties, all of whom may have cause to fear control by an overly powerful center." However, those skeptical of federal prescriptions sometimes believe that increased regional autonomy can lead to secession or dissolution of the nation. In Syria , for example, federalization proposals have failed in part because "Syrians fear that these borders could turn out to be

3344-442: Is to directly represent the governments of component states in federal political institutions. Where a federation has a bicameral legislature the upper house is often used to represent the component states while the lower house represents the people of the nation as a whole. A federal upper house may be based on a special scheme of apportionment , as is the case in the senates of the United States and Australia, where each state

3432-509: Is vested in the Supreme Court and the lower national tribunals. From the own government is also called Presidency of the Nation (Spanish: Presidencia de la Nación ). The current composition of the executive branch includes solely the president , who is the head of state and is formally given the power over the administration to follow through with the interests of the nation. The president

3520-541: The Confederate States of America ). And federalism also differs from the unitary state , where the regional level is subordinate to the central/federal government, even after a devolution of powers—and is notable for regional-integration of governing powers , (e.g., the United Kingdom ). Federalism is at the midpoint of variations on the pathway (or spectrum) of regional-integration or regional-separation . It

3608-523: The Council of the European Union . The lower house of a federal legislature is usually directly elected, with apportionment in proportion to population, although states may sometimes still be guaranteed a certain minimum number of seats. In Canada, the provincial governments represent regional interests and negotiate directly with the central government. A First Ministers conference of the prime minister and

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3696-468: The European Union , ultimately leading to the United States of Europe . Although there are medieval and early modern examples of European states which used confederal and federal systems, contemporary European federalism originated in post-war Europe; one of the more important initiatives was Winston Churchill 's speech in Zürich in 1946. In the United States , federalism originally referred to belief in

3784-542: The President of the Republic , is now elected by the people, and receives the title of Chief of Government ( Jefe de Gobierno ). Other than that, Buenos Aires, as the provinces, has its own Legislative Branch (a unicameral Legislature) and elect deputies and senators as representatives to the National Congress . Federal system Johannes Althusius (1563-1638), is considered the father of modern federalism, along with Montesquieu . In 1603, Althusius first described

3872-739: The United States Constitution ) wrote in Federalist Paper No. 39 that the US Constitution "is in strictness neither a national nor a federal constitution; but a composition of both. In its foundation, it is federal, not national; in the sources from which the ordinary powers of the Government are drawn, it is partly federal, and partly national..." This stems from the fact that states in the US maintain all sovereignty that they do not yield to

3960-495: The democratic character of the Court. At the beginning of the 20th century, the Court was composed of five magistrates. Following the 1930 military coup by José Félix Uriburu , which initiated the Infamous Decade , the five justices recognized the new authorities and officialized the rupture of constitutional order, thus beginning a precedent which would affect much of Argentina's history. During Juan Perón 's presidency,

4048-572: The economy . Consequently, anarchist federalism, promoting widespread, common ownership over the means of production , detests the centralized and unequal nature of capitalism , and the hierarchy of its companies and corporations : an anarchist federalist society would envisage widespread, federalized wealth distribution . Comparing republican and anarchist federalism, James Guillaume states that Switzerland 's federative cantonal system , despite its direct democracy , differs significantly from anarchist federalism: while Swiss federalism retains

4136-556: The federation of a central/federal government with regional sub-unit governments, include: Argentina , Australia , Austria , Belgium , Bosnia and Herzegovina , Brazil , Canada , Ethiopia , Germany , India , Iraq , Malaysia , Mexico , Micronesia , Nepal , Nigeria , Pakistan , Russia , Somalia , South Sudan , Sudan , Switzerland , the United Arab Emirates , the United States , and Venezuela . The terms "federalism" and "confederalism" share

4224-407: The "coffee for everyone" arrangement), partly to deal with their separate identity and to appease peripheral nationalist leanings, partly out of respect to specific rights they had held earlier in history. However, strictly speaking Spain is not a federation, but a system of asymmetric devolved government within a unitary state. It is common that during the historical evolution of a federation there

4312-500: The (so-called) federalist nations—some of which are democratic in name only (e.g., modern Russia )—leaving the terms "federalist", "federalism", "federation", etc., dependent on context. And, because the term federalization also proclaims distinctive political processes, its use also depends on context. Typically, political theory today discusses two main types of the federalization process: According to Daniel Ziblatt , there are four competing theoretical explanations for adopting

4400-413: The 1955 catholic-nationalist Revolución Libertadora , the five magistrates of the Supreme Court were deposed by the military in power . When the constitutional government of Arturo Frondizi ( UCRI ) came to power in 1958, three judges resigned. During Frondizi's term, the number of judges of the Supreme Court was increased, while all Peronist judges of the judicial system were removed. In 1963,

4488-544: The 2000s, the Court lacked independence from the executive branch in many cases. Several of its justices were accused of forming an "automatic majority", who consistently agreed on votes having to do with interests of the administration. Authors have underlined a sort of " spoils system ", leading to changes of the Court's composition following each new political majority. The Supreme Court has been characterized by both "instability in its composition" and inconsistency in its rulings. However, reforms in 1994 and 2003 have improved

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4576-545: The Argentine judicial system was the target of much pressure from the executive power. In 1989, Menem expanded Argentina's highest court from five to nine members, and chose the four new justices. The Senate approved Menem's choice on April 19, 1990, during a secret parliamentary session which lasted 7 minutes, and to which the opposition was not invited. The resignation of judge Bacqué insured an "absolute majority" for Menemism. The 1994 constitutional reform slightly changed

4664-542: The CELS NGO, Chief Justice Petracchi agreed to publish the Court's decisions. At times, most recently near the end of 2006, several justices complained that the President's delay in appointing the two vacancies in the Court was problematic, because a nominally nine-member Court needs a majority of five to sign consensual decisions, and demanded that either replacements be appointed for former justices Augusto Belluscio and Antonio Boggiano (as required by law), or that Congress pass

4752-573: The Forum of Federations partner governments include Australia, Brazil, Ethiopia, Germany, India, Mexico, Nigeria, Pakistan and Switzerland. The governments of Argentina , Australia , Brazil , India , and Mexico , among others, are organized along federalist principles. In Europe , "federalist" is sometimes used to describe those who favor a common federal government, with distributed power at regional, national and supranational levels. The Union of European Federalists advocates for this development within

4840-683: The Hellenistic period drove city states to band together even at the cost of surrendering part of their sovereignty. Subsequent unions of states included the first and second Swiss Confederations (1291–1798 and 1815–48); the United Provinces of the Netherlands (1579–1795); the German Bund (1815–66); the first American union, known as the Confederation of the United States of America (1781–89); and

4928-536: The Nation, and the Chamber of Deputies (257 seats), currently presided by Julián Domínguez , deputy for Buenos Aires province . Senators stay in office for six years, and deputies, for four. Each of the Provinces and the Autonomous City of Buenos Aires elect deputies and senators directly. Deputies are representatives of the whole people of the Nation, while Senators represent their districts. Each district elects

5016-455: The Senate ), was overlaid upon the pre-existing regional governments of the thirteen independent States. With each level of government allocated a defined sphere of powers, under a written constitution and the rule of law (that is, subject to the independent third-party arbitration of a supreme court in competence disputes), the two levels were thus brought into a coordinate relationship for the first time. In 1946, Kenneth Wheare observed that

5104-454: The Senators, the twenty-four districts are divided into three groups consisting of eight districts. Every two years all eight districts of one of those groups elect all their three senators, assigning two of them from the party that obtains the majority, and one from the first minority party. Six years later, the same group of districts will hold its next senatorial elections. The Judiciary Branch

5192-539: The Supreme Court approved decrees which had not been voted by the Congress . In 1947, after the conservative phase of the military rule, General Juan Perón initiated a trial against three of the Supreme Court judges, and the fourth one resigned. Thus, only one of the preceding judges remained in place. From 1946 to 1955, the judicial system in general was in agreement with the Justicialist official policies. Following

5280-517: The Supreme Court is as follows: The renewal of the Supreme Court in the first years of the Kirchner administration was advertised and is usually acknowledged as a positive step, bringing more independence to the Judicial Branch and addressing issues of ideological bias. Until mid-2004, all of the justices were male. They were considered conservative , as most were devout Catholics . In contrast,

5368-466: The Union and the Member States as concurrent powers are retained by the constituent States. Where every component state of a federation possesses the same powers, we are said to find 'symmetric federalism'. Asymmetric federalism exists where states are granted different powers, or some possess greater autonomy than others do. This is often done in recognition of the existence of a distinct culture in

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5456-419: The bases of this political philosophy in his Politica Methodice Digesta, Atque Exemplis Sacris et Profanis Illustrata . By 1748, in his treatise The Spirit of Law , Montesquieu (1689-1755) observed various examples of federalist governments: in corporate societies, in the polis bringing villages together, and in cities themselves forming confederations . In the modern era Federalism was first adopted by

5544-463: The basis of a federal society, constituent entities of an anarchist federation are ideally autonomous and self-determining, collaborating equally, freely and mutually within the federation through the values of solidarity and autonomy . Unlike a republican federation, federalism, in anarchy, is not simply a form of political division or devolution , but rather, federative principles apply to all aspects of society, including social relations and

5632-432: The bottom-up, from the periphery to the centre. Higher-order units are merely the direct expression of lower-order units delegating, combining and coordinating. Though there is no central government or administration, higher-order committees and councils , composed of delegates from federal constituencies, may convene under a popular, revocable mandate . Embracing the principle of free and voluntary association as

5720-580: The case of cities and towns (the larger categories). A city has a legislative body called the Deliberative Council ( Concejo Deliberante ). The smaller towns have simpler systems, often ruled by commissions presided by a communal president ( presidente communal ) or a similarly named authority. Buenos Aires city, seat of the National Government, was declared an autonomous city by the 1994 constitutional reform . Its mayor, formerly chosen by

5808-445: The constitution of the United States must be ratified by three-quarters of either the state legislatures, or of constitutional conventions specially elected in each of the states, before it can come into effect. In referendums to amend the constitutions of Australia and Switzerland it is required that a proposal be endorsed not just by an overall majority of the electorate in the nation as a whole, but also by separate majorities in each of

5896-575: The creation of an entirely new system of government that provided for democratic representation at two governing levels simultaneously, which was implemented in the US Constitution . In the United States implementation of federalism, a bicameral general government, consisting of a chamber of popular representation proportional to population ( the House of Representatives ), and a chamber of equal State-based representation consisting of two delegates per State (

5984-458: The event of conflict the federal constitution usually takes precedence. In almost all federations the central government enjoys the powers of foreign policy and national defense as exclusive federal powers . Were this not the case a federation would not be a single sovereign state, per the UN definition. Notably, the states of Germany retain the right to act on their own behalf at an international level,

6072-703: The federal government. Much like the US system, the Australian Constitution allocates to the Federal government (the Commonwealth of Australia) the power to make laws about certain specified matters which were considered too difficult for the States to manage, so that the States retain all other areas of responsibility. Under the division of powers of the European Union in the Lisbon Treaty , powers which are not either exclusively of Union competence or shared between

6160-589: The federation by their own consent. This was reaffirmed by the Tenth Amendment to the United States Constitution , which reserves all powers and rights that are not delegated to the Federal Government as left to the States and to the people. The structures of most federal governments incorporate mechanisms to protect the rights of component states. One method, known as ' intrastate federalism ',

6248-410: The following democratic government, of Arturo Illia ( UCRP ), also attempted to increase the numerical composition of the Supreme Court. However, the military coup of Juan Carlos Onganía (known as Revolución Argentina ) deposed Illia before implementation of the reform. As soon as the military came to power, they pressured the Supreme Court judges to resign. The latter renounced their offices only

6336-808: The form of alliances between city states. Some examples from the seventh to second century BC were the Archaic League , the Aetolic League , the Peloponnesian League , and the Delian League . An early ancestor of federalism was the Achaean League in Hellenistic Greece . Unlike the Greek city states of Classical Greece , each of which insisted on keeping its complete independence, changing conditions in

6424-467: The meaning of confederalism remained as a league of states. In a narrow sense, federalism refers to the mode in which the body politic of a state is organized internally—and this is the meaning most often used in modern times. Political scientists, however, use the term federalism in a much broader sense, referring instead to a "multi-layer or pluralistic concept of social and political life." The first forms of federalism took place in ancient times, in

6512-413: The mode of nomination of the justices: although they were still proposed by the executive power and approved by the Senate, an absolute majority was no longer needed, 2/3 of the votes of the present members of parliament being sufficient for approval. It also introduced amparo , hábeas corpus and hábeas data . In the 2000s, since the interim presidency of Eduardo Duhalde and especially during

6600-417: The national capital, the Autonomous City of Buenos Aires (which is conurbated into the province of Buenos Aires ). Each of the provinces has its own constitution, laws, authorities, form of government, etc., though these must first and foremost comply with the national constitution and laws. The government of each province has three branches. The Executive, Legislative and Judiciary. The Executive branch

6688-462: The nominee to the Argentine Senate , which must decide on the nomination, needing at least a two-thirds majority for a positive vote. Furthermore, on 2 July 2003, the Senate approved a reform which forced its Commission to publicize its choices regarding confirmation of the nominations of magistrates of the judicial system and of the public ministry. Finally, following a colloquium organized by

6776-634: The objectives of the so-called " National Reorganization Process ", which culminated in state illegal repression and in the disappearances of 30,000 people . Following the democratic transition, the highest responsible military members of the dictatorship were put on trial in the Trial of the Juntas (1985). However, this trial was not supervised by the Supreme Court, but by the Federal Criminal Appeal Court. After Carlos Menem 's election as president,

6864-407: The provincial premiers is the de facto highest political forum in the land, although it is not mentioned in the constitution. Federations often have special procedures for amendment of the federal constitution. As well as reflecting the federal structure of the state this may guarantee that the self-governing status of the component states cannot be abolished without their consent. An amendment to

6952-518: The same as the ones that the fighting parties have currently carved out." Supreme Court of Argentina The Supreme Court of Argentina (Spanish: Corte Suprema de Argentina ), officially known as the Supreme Court of Justice of the Argentine Nation (Spanish: Corte Suprema de Justicia de la Nación Argentina , CSJN ), is the highest court of law of the Argentine Republic . It

7040-421: The second American union, formed as the United States of America (1789-present). Modern federalism is a political system that (nominally) is based upon operating under democratic rules and institutions; and where governing powers are shared between a country's national and provincial/state governments. However, the term federalist comprises various political practices that differ in important details among

7128-411: The term of Néstor Kirchner which started in 2003, all members of Menem's "majority" have either been removed or resigned. Dr. Antonio Boggiano, the last of these, was removed on 29 September 2005. Not all justices were replaced, so there were still two vacancies. The amicus curiae process, allowing third parties to a case to depose a written text before the Court in order to defend general interest,

7216-415: The two levels of government in the US were "co-equally supreme". In this, he echoed the perspective of American founding father James Madison who saw the several States as forming "distinct and independent portions of the supremacy" in relation to the general government. In anarchism , federalism is a horizontalist and decentralized organizational doctrine which holds that society should be built from

7304-679: The two most recently appointed justices ( Elena Highton and Carmen Argibay ) are female; Argibay, former ad litem judge on the International Criminal Tribunal for the Former Yugoslavia and former president of the International Association of Women Judges , is a self-professed feminist and atheist , who supports the legalization of abortion in Argentina . Eugenio Zaffaroni (the first to be designated through

7392-585: The word is much closer to the European sense. As the power of the U.S. federal government has increased, some people have perceived a much more unitary state than they believe the Founding Fathers intended. Most people politically advocating "federalism" in the United States argue in favor of limiting the powers of the federal government, especially the judiciary (see Federalist Society , New Federalism ). The contemporary concept of federalism came about with

7480-653: The world have implemented federal systems using variations of central and regional sovereignty for their governments. For convenience of studying these governments, they may be divided according to several catagories, such as: minimalistic federations, which consist of only two sub-federal units (subunits); as compared to multi-regional federations, consisting of three or more regional governments (subunits). Or, based on their body polity type: emirate, provincial, state, republicanism or constitutional monarchy , democratic—or democratic in-name-only . And, federal systems may be differentiated between those whose entire territory

7568-564: Was an important phase in the 2005 ruling which stated that crimes of forced disappearances were crimes against humanity ( Caso Simon ). Two years earlier, the Congress had declared the amnesty laws (1986 Ley de Punto Final and 1987 Ley de Obediencia Debida ) unconstitutional, thus opening up the way for the trials of suspects of human rights violations during the dictatorship. Another important reform took place in 2003. Effectively, since 19 June 2003, by presidential decree, candidates for

7656-431: Was inaugurated on 15 January 1863. However, during much of the 20th century , the Court and the Argentine judicial system in general, lacked autonomy from the executive power . The Court was reformed in 2003 by the decree 222/03. The Supreme Court functions as a last resort tribunal. Its rulings cannot be appealed. It also decides on cases dealing with the interpretation of the constitution (for example, it can overturn

7744-437: Was then formalized. The process was used in 2001, when Spanish justice sent an international arrest warrant for responsibles of human rights violations in Argentina. An NGO then deposed a text, as third party, before the Argentine court, setting forth the judicial arguments needed to either extradite or judge suspects of human rights violations (an alternative known as subsidiary universal jurisdiction ). This change

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