De facto government doctrine
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The de facto government doctrine is an element of Argentine
Antecedents
A similar ruling was enacted in 1865, just a few years after the 1853 Constitution.
The doctrine
The de facto government doctrine was introduced in 1930, after the coup of José Félix Uriburu against President Hipólito Yrigoyen. Uriburu assumed the powers of government, dissolved Congress and intervened in the provinces.[clarification needed] Informed of this, the Supreme Court legitimized the new government, "as long as it executes the administrative and political function derived from its possession of the force as guarantee of order and social security". The court reserved for itself the right to monitor and enforce the new government's pledge to observe and obey the constitution and laws. In cases of necessity and urgency (but excluding penal law), the new government was allowed to issue temporary legislation by decree, but these had to be authorised by the Court and would only remain in force if ratified by Congress.
The Supreme Court made a similar ruling after the
In 1955, the
Arturo Frondizi was ousted from office in 1962, but before the military could take the government the president of the chamber of senators, José María Guido, took the presidency according to legal provisions pertaining to vacancy (Article 75 of the Argentine Constitution and the 1868 Law of Succession-ley de acefalía). The Court judged that he was a legitimate president, and that it shouldn't rule about the actions that led to the leaderless state.
References
- Groisman, Enrique. "Los gobiernos de facto en el derecho argentino" [De facto governments in Argentine law] (PDF) (in Spanish). Centro de estudios políticos y constitucionales. Retrieved November 7, 2010.[permanent dead link]
- Groisman, Enrique. "Los gobiernos de facto en el derecho argentino." [De facto governments in Argentine law] (PDF) (in Spanish). Centro de estudios políticos y constitucionales. [New file location for the above dead link.] Retrieved October 11, 2020.