Jurisprudence Law at Argentina
Argentina's legal system is grounded in civil law, with a strong emphasis on codified statutes and constitutional principles. Here's an overview of its jurisprudence:
🇦🇷 Legal System Overview
Argentina operates under a civil law system, primarily influenced by the 1853 Constitution, which serves as the supreme law of the nation. The legal framework is further structured by various codes, including the Civil and Commercial Code, the Criminal Code, and the Civil and Commercial Procedural Code. These codes provide comprehensive guidelines for legal proceedings and the administration of justice. The 1994 reform of the Constitution introduced additional legal mechanisms, such as amparo (injunctions), habeas corpus, and habeas data, to enhance the protection of individual rights .(Wikipedia, Harvard Library Guides, Wikipedia)
⚖️ Judicial Structure
Argentina's judiciary is divided into federal and provincial systems. The federal judiciary includes the Supreme Court of Justice, which is the highest court in the country, and lower federal courts. Provincial judiciaries operate independently within their respective territories, applying both national and provincial laws. Judges at both levels are appointed through processes outlined in the Constitution, ensuring a balance between federal oversight and provincial autonomy .(Encyclopedia Britannica, caj.fiu.edu)
📚 Sources of Law
The primary sources of law in Argentina are:
Constitution: The 1853 Constitution, as amended in 1994, is the cornerstone of Argentine law.(Wikipedia)
Codes: Codified laws, such as the Civil and Commercial Code and the Criminal Code, provide detailed legal frameworks.(Harvard Library Guides)
Statutes and Regulations: Laws enacted by the National Congress and regulations issued by the executive branch.(GlobaLex)
Jurisprudence: While not as authoritative as in common law systems, judicial decisions, particularly those from the Supreme Court, play a significant role in interpreting and applying the law.
International Treaties: Agreements ratified by Argentina that influence domestic law, especially in areas like human rights and environmental protection.
🧾 Legal Research Resources
For those interested in exploring Argentine jurisprudence further, the following resources are invaluable:
Boletín Oficial de la República Argentina: The official government gazette where new laws, decrees, and regulations are published. It serves as the primary source for legal texts in Argentina .(Wikipedia)
Corte Suprema de Justicia de la Nación: The official website of the Supreme Court, providing access to case law and judicial decisions.
Globalex Guide to Argentine Legal Research: A comprehensive resource offering detailed information on Argentine legal research, including primary and secondary sources .(Harvard Library Guides)
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