De Facto Government Doctrine
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De Facto Government Doctrine
The ''de facto'' government doctrine is an element of Argentine case law related to the validity of the actions of ''de facto'' governments. It allowed the government actions taken during those times to stay valid after the ''de facto'' government had ended. It was initially ruled by the Supreme Court in 1930, and stayed active as law until the 1994 amendment of the Argentine Constitution. Antecedents A similar ruling was enacted in 1865, just a few years after the 1853 Constitution. Bartolomé Mitre declared himself President of Argentina after the victory at the Battle of Pavón, under supervision of the Argentine National Congress. The Supreme Court had to rule whenever his rulings were valid, and did so. It considered that he emerged triumphant from a revolution, that the peoples supported his rule, and that he got the duty of following the National Constitution and restore order. Mitre stayed in government this way for just a few months. The doctrine The ''de facto'' govern ...
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Case Law
Case law, also used interchangeably with common law, is law that is based on precedents, that is the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations. Case law uses the detailed facts of a legal case that have been resolved by courts or similar tribunals. These past decisions are called "case law", or precedent. ''Stare decisis''—a Latin phrase meaning "let the decision stand"—is the principle by which judges are bound to such past decisions, drawing on established judicial authority to formulate their positions. These judicial interpretations are distinguished from statutory law, which are codes enacted by legislative bodies, and regulatory law, which are established by executive agencies based on statutes. In some jurisdictions, case law can be applied to ongoing adjudication; for example, criminal proceedings or family law. In common law countries (including the United Kingdom, United States, Canada, Australia and Ne ...
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Constitution Of Argentina
The Constitution of the Argentine Nation ( es, Constitución de la Nación Argentina) is the basic governing document of Argentina, and the primary source of existing law in Argentina. Its first version was written in 1853 by a constitutional assembly which gathered in Santa Fe; the doctrinal basis was taken in part from the United States Constitution. It was then reformed in 1860, 1866, 1898, 1949, 1957 (which mainly repealed the 1949 reform), and the current version is the reformed text of 1994. The Argentine Constitution consists of a preamble and two normative parts: * Preamble * First part: Declarations, Rights and Guarantees (arts. 1-43) * Second part: Authorities of the Nation (arts. 44-129). The following international human rights instruments —treaties and declarations— also have constitutional status by virtue of article 75 paragraph 22: * American Declaration of the Rights and Duties of Man * Universal Declaration of Human Rights * American Convention on Hum ...
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Argentine Case Law
Argentines (mistakenly translated Argentineans in the past; in Spanish (masculine) or (feminine)) are people identified with the country of Argentina. This connection may be residential, legal, historical or cultural. For most Argentines, several (or all) of these connections exist and are collectively the source of their being ''Argentine''. Argentina is a multiethnic and multilingual society, home to people of various ethnic, religious, and national origins, with the majority of the population made up of Old World immigrants and their descendants. As a result, Argentines do not equate their nationality with ethnicity, but with citizenship and allegiance to Argentina. Aside from the indigenous population, nearly all Argentines or their ancestors immigrated within the past five centuries. Among countries in the world that have received the most immigrants in modern history, Argentina, with 6.6 million, ranks second to the United States (27 million), and ahead of other immigr ...
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José María Guido
José María Guido (29 August 1910 – 13 June 1975) was President of Argentina, from 30 March 1962 to 12 October 1963. Biography Early life José María Guido was born in Buenos Aires on August 29, 1910. He was one of two sons of J.M.E. Guido and Carmen Cibeda de Guido, Italian immigrants. He attended grade school in the capitol, and graduated from the University of La Plata law school in 1940. Political career Guido was elected to the Argentine Senate for Río Negro Province in 1958, representing the Intransigent Radical Civic Union (UCRI). He was elected Provisional President of the Senate and became first in line to the Presidency following the resignation of Vice-President Alejandro Gómez. Presidency Following the provincial victory of the newly re-legalised Peronists, the military deposed President Arturo Frondizi but reluctantly allowed Guido to assume the Presidency, with the support of the Supreme Court of Argentina. Guido thus became the only civilian to t ...
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Arturo Frondizi
Arturo Frondizi Ércoli (October 28, 1908 – April 18, 1995) was an Argentines, Argentine lawyer, journalist, teacher and politician, who was elected President of Argentina and ruled between May 1, 1958 and March 29, 1962, when he was overthrown by a Coups d'état in Argentina, military coup. His government was characterized by an ideological shift, inspired by Rogelio Julio Frigerio, Rogelio Frigerio, towards a type of developmentalism less promoted by the State and more oriented to the development of heavy industry as a consequence of the installation of multinational companies. Its socio-labor, oil and educational policy had peaks of high conflict, with large demonstrations and strikes by the labor movement and the student movement, as well as numerous attacks against the government for political purposes in which 17 civilians and soldiers were murdered. The Frondizi government suffered great pressure from the armed forces, which was imposed on it by the liberal Economy ...
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Juan Domingo Perón
''Juan'' is a given name, the Spanish and Manx versions of ''John''. It is very common in Spain and in other Spanish-speaking communities around the world and in the Philippines, and also (pronounced differently) in the Isle of Man. In Spanish, the diminutive form (equivalent to ''Johnny'') is , with feminine form (comparable to ''Jane'', ''Joan'', or ''Joanna'') , and feminine diminutive (equivalent to ''Janet'', ''Janey'', ''Joanie'', etc.). Chinese terms * ( or 娟, 隽) 'beautiful, graceful' is a common given name for Chinese women. * () The Chinese character 卷, which in Mandarin is almost homophonic with the characters for the female name, is a division of a traditional Chinese manuscript or book and can be translated as 'fascicle', 'scroll', 'chapter', or 'volume'. Notable people * Juan (footballer, born 1979), Brazilian footballer * Juan (footballer, born 1982), Brazilian footballer * Juan (footballer, born March 2002), Brazilian footballer * Juan (footballer ...
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Revolución Libertadora
''Revolución Libertadora'' (; ''Liberating Revolution'') was the coup d'état that ended the second presidential term of Juan Perón in Argentina, on 16 September 1955. Background President Perón was first elected in 1946. In 1949, a constitutional amendment sponsored by Peronism introduced a number of workers' rights and the possibility of presidential reelection. The legitimacy of the new constitution is still controversial. Perón was reelected in 1951. At the time, his administration was widely supported by the labor unions, the military and the Catholic Church. However, economic problems, some of the government's policies, and Perón's own personality cult changed this situation. The opposition criticized Perón because of his treatment of dissidents. (Writers, artists, politicians and other intellectuals were harassed and sometimes were forced into exile.) The government's relationship with the Catholic Church also worsened. As the Church increasingly distanced ...
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Revolution Of '43
In political science, a revolution (Latin: ''revolutio'', "a turn around") is a fundamental and relatively sudden change in political power and political organization which occurs when the population revolts against the government, typically due to perceived oppression (political, social, economic) or political incompetence. Revolutions have occurred throughout human history and vary widely in terms of methods, duration, and motivating ideology. Their results include major changes in culture, economy, and socio-political institutions, usually in response to perceived overwhelming autocracy or plutocracy. Scholarly debates about what does and does not constitute a revolution center on several issues. Early studies of revolutions primarily analyzed events in European history from a psychological perspective, but more modern examinations include global events and incorporate perspectives from several social sciences, including sociology and political science. Several generations ...
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Hipólito Yrigoyen
Juan Hipólito del Sagrado Corazón de Jesús Yrigoyen (; 12 July 1852 – 3 July 1933) was an Argentine politician of the Radical Civic Union and two-time President of Argentina, who served his first term from 1916 to 1922 and his second term from 1928 to 1930. He was the first president elected democratically by means of the secret and mandatory male suffrage established by the Sáenz Peña Law of 1912. His activism was the prime impetus behind the passage of that law in Argentina. Known as "the father of the poor", Yrigoyen presided over a rise in the standard of living of Argentina's working class together with the passage of a number of progressive social reforms, including improvements in factory conditions, regulation of working hours, compulsory pensions, and the introduction of a universally accessible public education system. Yrigoyen was the first nationalist president, convinced that the country had to manage its own currency and, above all, it should have con ...
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De Facto
''De facto'' ( ; , "in fact") describes practices that exist in reality, whether or not they are officially recognized by laws or other formal norms. It is commonly used to refer to what happens in practice, in contrast with ''de jure'' ("by law"), which refers to things that happen according to official law, regardless of whether the practice exists in reality. History In jurisprudence, it mainly means "practiced, but not necessarily defined by law" or "practiced or is valid, but not officially established". Basically, this expression is opposed to the concept of "de jure" (which means "as defined by law") when it comes to law, management or technology (such as standards) in the case of creation, development or application of "without" or "against" instructions, but in accordance with "with practice". When legal situations are discussed, "de jure" means "expressed by law", while "de facto" means action or what is practiced. Similar expressions: "essentially", "unofficial", "in ...
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José Félix Uriburu
Lieutenant General José Félix Benito Uriburu y Uriburu (20 July 186829 April 1932) was the President of the Provisional Government of Argentina, ousting the successor to President Hipólito Yrigoyen by means of a military coup and declaring himself president. From 6 September 1930 to 20 February 1932, he controlled both the Executive and Legislative branches of government. As "President of the Provisional Government," he acted as the ''de facto'' Head of state of Argentina. His was the first of a series of successful coups d'état and unconstitutional governments that came to power in 1943, 1955, 1962, 1966, and 1976. Uriburu's coup was supported by the '' Nacionalistas'', a far-right Argentine nationalist movement that around 1910 grew out of the "traditionalist" position, which was based on nostalgia for feudal economic relations and a more "organic" social order. In the aftermath of the coup, major changes to Argentinean politics and government took place, with Urib ...
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Argentine National Congress
The Congress of the Argentine Nation ( es, Congreso de la Nación Argentina) is the legislative branch of the government of Argentina. Its composition is bicameral, constituted by a 72-seat Senate and a 257-seat Chamber of Deputies. The Senate, whose members are elected to six-year terms renewable by thirds each two years, consists of three representatives from each province and the federal capital. The Chamber of Deputies, whose members are elected to four-year terms, is apportioned according to population, and renews their members by a half each two years. The Congressional Palace is located in Buenos Aires, at the western end of Avenida de Mayo (at the other end of which is located the Casa Rosada). The '' Kilometre Zero'' for all Argentine National Highways is marked on a milestone at the Congressional Plaza, next to the building. Attributes The Argentine National Congress is bicameral, composed of the Senate and the Chamber of Deputies. The ordinary sessions span is fr ...
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