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Argentina

Courts in Argentina

A federal judiciary under the Supreme Court and a full court system in every province, with judges selected through a Council of the Magistracy.

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The judicial power of the Nation is exercised by the Supreme Court of Justice of the Nation and the inferior federal tribunals Congress establishes (Article 108); the federal courts handle federal-jurisdiction matters. In parallel, each province has its own full court system, headed by its own superior tribunal, for ordinary civil and criminal cases. Federal judges are selected through the Council of the Magistracy (Consejo de la Magistratura), which also administers the federal judiciary (Article 114).

  • What do courts do?

    Courts resolve disputes, test the state’s case against individuals, interpret law, and review public decisions. This guide explains those functions and why judicial independence is structural.

  • What is due process?

    Due process is the requirement that the state follow fair, established procedures before it takes action against a person. This guide explains what it typically includes and how it differs between systems.

Sources

Sources

  1. Constitution of the Argentine Nation (1853, reformed 1994)

    Political Database of the Americas (Georgetown University) — official constitutional text · Legislation · 1853 · link verified 2026-07-27

    The Constitution of the Argentine Nation (1853, comprehensively reformed 1994), confirmed verbatim in two independent passes. Supports Art. 5 (each province shall enact its own constitution and guarantee its own administration of justice); Art. 75 inc. 12 (Congress enacts the national codes — Civil, Commercial, Criminal, etc. — "without such codes altering the local jurisdictions", their application corresponding to the federal or provincial courts by subject-matter); Art. 108 (the judicial power of the Nation is exercised by a Supreme Court of Justice and inferior tribunals); Art. 110 (life tenure during good behaviour and irreducible compensation — judicial independence); Art. 114 (the Council of the Magistracy selects judges and administers the judiciary); Art. 120 (the Public Ministry is an independent organ with functional autonomy and financial self-governance — a fourth, extra-branch body); Art. 121 (the provinces keep all power not delegated to the federal Government — the reserved-powers clause); and Art. 86 (the Ombudsman, Defensor del Pueblo). Establishes the federation, the national codes applied by provincial courts, the autonomous Public Ministry, and the reserved-powers rule.