Argentina 1853 Constitution (reinstated 1983, reviewed 1994)

Table of Contents



Article 108

The Judicial Power of the Nation shall be vested in a Supreme Court of Justice, and in such lower courts as the Congress may establish in the territory of the Nation.

Article 109

In no case may the President of the Nation exercise judicial functions, assume jurisdiction over pending cases, or reopen those decided.

Article 110

The judges, both of the Supreme Court and of the inferior courts of the Nation, shall hold their offices during their good behavior, and shall receive for their services a compensation that the law shall determine and that shall not be diminished in any way while they remain in office.

Article 111

No one shall be able to be a member of the Supreme Court of Justice without being a lawyer of the Nation, with eight years of practice, and possessing the qualifications required to be a Senator.

Article 112

Upon the first installation of the Supreme Court, the persons appointed shall take an oath before the President of the Nation, to discharge their duties in administering justice well and faithfully, and in conformity with what the Constitution prescribes. In the future, they shall take the oath before the President of the Court itself.

Article 113

The Supreme Court shall adopt its own internal regulations and shall appoint its employees.

Article 114

The Judicial Council, regulated by a special law passed by an absolute majority of the totality of the members of each Chamber, shall be charged with selecting judges and with the administration of the Judiciary.

The Council shall be reconstituted periodically so that an equilibrium is achieved among the representation of popularly elected political organs, judges of all instances, and federally licensed attorneys. It shall also include persons from the academic and scientific fields, of a number and manner of appointment the law shall indicate.

Its powers shall be:

  1. To select candidates for inferior courts through public competitions.
  2. To issue binding lists of three candidates for appointment of judges of the lower courts.
  3. To administer revenues and to execute the budget that the law assigns for the administration of justice.
  4. To exercise disciplinary powers over judges.
  5. To determine the commencement of removal proceedings against judges, and in such case, to order their suspension and formulate the corresponding charges.
  6. To establish the regulations regarding judicial organization and all regulations necessary to assure the independence of judges and the effective rendering of judicial services.

Article 115

Judges of the lower courts of the Nation shall be removed on those grounds expressed in Article 53, by a trial jury composed of legislators, judges, and federally licensed attorneys.

Its decision, which shall be unappealable, shall have no effect other than to remove the accused party from office. But the convicted party shall nevertheless remain subject to accusation, trial and punishment before the ordinary courts in conformity with the laws.

It shall be necessary to terminate the proceedings and, in such case, to reinstate the suspended judge, if one hundred eighty days elapse without a judgment having been rendered, counted from the decision to open the removal proceedings.

The composition of and the procedures of this jury shall be determined by the special law to which Article 114 refers.