Instituciones del Derecho Público: Derechos y Garantías Constitucionales

Flashcards covering key concepts of rights, constitutional guarantees, procedural protections, and emergency institutions under the Argentine National Constitution.

Declarations (Declaraciones)

Stances adopted by the Argentine National Constitution on fundamental political issues, such as the form of government, constitutional reform, and the representative system.

Constitutional Guarantees (Garantías)

Constitutional mechanisms that allow rights holders to exercise, defend, and demand respect for their recognized rights.

Implicit Rights (Derechos Implícitos - Art. 33 CN)

Rights that are not expressly enumerated in the text of the Constitution, but are recognized under Article 33 as emanating from the sovereignty of the people and the republican form of government.

Right to Liberty (Derecho a la Libertad)

A civil right inseparable from the human person, defined as the capacity of every individual to act and exercise their rights consciously and autonomously, under the guarantee of the law.

Right to Equality (Derecho a la Igualdad - Art. 16 CN)

The constitutional principle establishing that all inhabitants are equal before the law, eliminating prerogatives of blood, birth, personal jurisdictions, or titles of nobility, and establishing suitability as the sole requirement for public employment.

Due Process (Garantía del Debido Proceso - Art. 18 CN)

A set of procedural guarantees that protect individuals during judicial proceedings from abuses by state authorities, guaranteeing the inviolability of defense in court.

Natural Judge (Juez Natural)

A jurisdictional body (court or tribunal) established by law prior to the commission of the act under trial, prohibiting trials by special commissions.

Legal Reserve (Garantía de Reserva Legal - Art. 19 CN)

The constitutional principle establishing that no one is compelled to do what the law does not command, nor deprived of what it does not forbid.

Action of Amparo (Acción de Amparo - Art. 43 CN)

An expedited and summary legal action (not an ordinary appeal) used against any act or omission by authorities or private parties that injures or threatens constitutional rights, when no other more suitable judicial remedy exists.

Collective Amparo (Amparo Colectivo)

An amparo action provided under Article 43 (paragraph 2) of the CN to defend collective or diffuse rights, including consumer rights, environmental protection, competition, and anti-discrimination.

Habeas Data

A constitutional action (Art. 43, 3rd paragraph; Law 25.326) enabling individuals to access personal information kept in public or private registries and demand its updating, rectification, confidentiality, or suppression.

Habeas Corpus

An emergency constitutional remedy (Art. 43, last paragraph; Law 23.098) designed to protect physical or ambulatory liberty against unlawful deprivation, threat, worsening of detention conditions, or forced disappearance.

Preventive Habeas Corpus (Habeas Corpus Preventivo)

A sub-type of habeas corpus that is filed prior to an arrest when there is a real, present, and imminent threat against an individual's physical liberty.

State of Siege (Estado de Sitio - Art. 23 CN)

An emergency constitutional mechanism declared during internal commotion or foreign attack threatening the constitutional order, which temporarily suspends constitutional guarantees in the affected territory.

Right of Option (Derecho de Opción)

The constitutional right granted to an individual arrested or relocated by the Executive Branch during a state of siege to choose to leave Argentine territory rather than remain detained.