Argentina
The justice system of Argentina
A federation with a single national criminal code applied by federal and provincial courts, and diffuse constitutional review with no constitutional court.
Facts on this page were checked against their sources on .
Argentina is a federation on the reserved-powers rule: the provinces keep all power not delegated to the federal Government (Article 121), and each guarantees its own administration of justice (Article 5). Congress enacts the national codes, including the Criminal Code, but "without such codes altering the local jurisdictions" — their application corresponding to the federal or the provincial courts by subject-matter (Article 75 inc. 12).
The same idea, explained generally
- What is justice?
Justice is the principle that people should be treated according to rules that apply equally to everyone, decided by bodies that are authorised, constrained, and answerable. This guide explains what that means institutionally.
- What is the rule of law?
The rule of law is the principle that everyone, including the government, is subject to law that is public, applied equally, and interpreted by independent courts. This guide explains what it requires and what it does not.
- 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.
Sources
Sources
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.