Interpretation of Statutes at Argentina
Here is an overview of the Interpretation of Statutes in Argentina, focusing on legal framework, judicial practices, and interpretative approaches in the Argentine civil law system:
⚖️ Interpretation of Statutes in Argentina
1. Legal System Context
Argentina follows a civil law system, derived primarily from continental European legal traditions, especially French and Spanish law.
Interpretation is largely codified and governed by general principles found in the Civil and Commercial Code of Argentina (Código Civil y Comercial) and constitutional jurisprudence.
Unlike common law countries, case law is persuasive but not binding unless issued by the Supreme Court of Argentina.
2. Primary Legal Sources for Interpretation
Civil and Commercial Code (Código Civil y Comercial de la Nación)
This code includes general rules on the interpretation of legal norms in Articles 1 to 3.
National Constitution of Argentina
Overrides all statutes and is fundamental in guiding constitutional interpretation.
3. Principles of Statutory Interpretation
The Civil and Commercial Code outlines clear interpretative guidance:
➤ Article 1 – Sources of Law
Judges must decide cases based on:
The Constitution, laws, and regulations.
Custom, if applicable.
Case law and doctrine (legal scholarship) as interpretative tools.
➤ Article 2 – Interpretation of Laws
Laws must be interpreted:
According to their words, context, and purpose.
Considering other related laws, general principles, and the legal system as a whole.
➤ Article 3 – Judicial Decision-Making
Judges may not refuse to rule due to silence, obscurity, or lack of law. They must apply general principles of law when statutes are unclear.
4. Common Methods of Interpretation in Argentina
Literal Interpretation (Texto de la Ley):
Focuses on the exact wording of the statute.
Systematic Interpretation (Interpretación Sistemática):
Interpreting a law in the context of the entire legal system and related laws.
Teleological or Finalistic Interpretation:
Looks at the purpose (fin de la ley) and social function of the law.
Historical Interpretation:
Uses legislative history, preparatory works (trabajos preparatorios), and original intent to resolve ambiguity.
Constitutional Conformity:
All statutes must be interpreted in line with the Argentine Constitution and international human rights treaties (which hold constitutional status).
5. Role of Courts
The Supreme Court of Argentina (Corte Suprema de Justicia de la Nación) plays a central role in developing consistent interpretation across jurisdictions.
Lower courts often refer to both Supreme Court precedent and leading doctrinal commentary for guidance.
In administrative and constitutional matters, courts also apply pro-homine principles—favoring the broadest protection of human rights.
Summary
Statutory interpretation in Argentina is grounded in the Civil and Commercial Code, emphasizing textual, systemic, and purpose-oriented analysis. Judges must interpret laws within the broader framework of the Constitution and human rights obligations, using legal doctrine and case law as interpretative tools.
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