Argentina’s government structure is a federal, representative republic built on a constitution first enacted in 1853 and substantially reformed in 1994. Power is split among three national branches — an executive led by the president, a bicameral National Congress, and an independent judiciary headed by the Supreme Court — and shared with 23 provinces plus the Autonomous City of Buenos Aires, each running its own government. The 1994 reform added new oversight bodies, expanded rights protections, and gave a specific list of international human rights treaties the same legal rank as the Constitution itself.
The Executive Branch
Article 87 of the Constitution vests executive power in a single citizen holding the title “President of the Argentine Nation.”1Constitute Project. Argentina 1853 (reinst. 1983, rev. 1994) Constitution The president is both head of state and head of government, runs the general administration, appoints and removes the Chief of the Cabinet of Ministers and all other ministers, issues the regulations needed to carry out laws, and serves as commander-in-chief of the armed forces.2Congreso de la Nación Argentina. National Constitution – Executive Powers
To be eligible for the presidency or vice presidency, a candidate must have been born on Argentine soil or be the child of a native-born citizen, and must meet the qualifications required of a senator.1Constitute Project. Argentina 1853 (reinst. 1983, rev. 1994) Constitution The president and vice president run on a joint ticket, serve four-year terms, and may serve only one consecutive re-election before sitting out at least one full term. The vice president presides over the Senate and steps into the presidency if the office falls vacant.
Chief of the Cabinet of Ministers
The Chief of the Cabinet of Ministers is the main administrative link between the executive and Congress. This official oversees the national budget and coordinates the work of the other ministers. Under Article 101, the Chief of the Cabinet must appear before Congress at least once a month, alternating between the two chambers, to report on government affairs. Congress can censure the official by an absolute majority of the members of either chamber and remove them by an absolute majority of both, a direct check on executive administration that does not require impeachment.
Decrees of Necessity and Urgency
When ordinary legislative procedures genuinely cannot be followed, the president may issue Decrees of Necessity and Urgency (DNUs). These require the countersignature of every cabinet minister and the Chief of the Cabinet. The Constitution places hard subject-matter limits on them: DNUs may never address criminal law, tax law, electoral rules, or political party regulations.1Constitute Project. Argentina 1853 (reinst. 1983, rev. 1994) Constitution Outside those carved-out areas, any legislative provision the president issues without congressional authorization is “absolutely and incurably void.” Once signed, a DNU must be submitted within ten days to a permanent bicameral commission of Congress for review. In practice, presidents have used DNUs more aggressively than the framers likely intended, and disputes over their scope regularly reach the courts.
The National Congress
The legislative branch is bicameral. The Chamber of Deputies has 257 members elected by the people of the provinces and the City of Buenos Aires through closed-list proportional representation using the D’Hondt method. Deputies serve four-year terms, and half the chamber is renewed every two years.3Congreso de la Nación Argentina. National Constitution – Chamber of Deputies The Senate has 72 members: three each for the 23 provinces and three for the City of Buenos Aires. Within each district, the party that wins the most votes takes two Senate seats and the runner-up takes the third. Senators serve six-year terms, with one-third of the chamber renewed every two years.
Legislative Powers
Article 75 lays out the range of congressional authority. Congress levies taxes, regulates foreign trade, approves or rejects international treaties, and passes the national budget that controls public spending.4Congreso de la Nación Argentina. National Constitution – Congressional Powers Tax and military recruitment bills must originate in the Chamber of Deputies. The Constitution also prohibits Congress from delegating its legislative power to the executive except on specific administrative matters and only for a defined period.
How a Bill Becomes Law
A bill may be introduced in either chamber. After the chamber of origin approves it, the second chamber debates and votes. If both approve, the bill goes to the president to sign or veto. A vetoed bill returns to Congress, where a two-thirds majority in both chambers can override the veto and enact the law without presidential approval.1Constitute Project. Argentina 1853 (reinst. 1983, rev. 1994) Constitution
The Judicial Branch
Judicial power is vested in the Supreme Court of Justice and the lower federal courts Congress creates. Article 108 establishes this structure, and Article 110 guarantees that judges hold their positions as long as they maintain good conduct, with salaries that cannot be reduced while they serve.5Congreso de la Nación Argentina. National Constitution – Judicial Power The Supreme Court is the final interpreter of the Constitution and can declare laws or presidential decrees unconstitutional.
Supreme Court justices are nominated by the president and confirmed by a two-thirds vote of the Senate members present, in a public session convened for that purpose.1Constitute Project. Argentina 1853 (reinst. 1983, rev. 1994) Constitution The public nature of that confirmation was a deliberate choice of the 1994 reformers to add transparency to how the highest judges are selected.
The Council of the Magistrates
The Council of the Magistrates handles selection and administrative oversight for all federal judges below the Supreme Court. It runs public competitions for judicial candidates, submits binding shortlists of three nominees to the president, administers the judicial budget, disciplines sitting judges, and initiates removal proceedings when warranted.5Congreso de la Nación Argentina. National Constitution – Judicial Power Its membership balances representatives of elected political bodies, judges from all levels, lawyers with federal registration, and legal scholars. The Council’s composition and size have been politically contentious, and reform attempts have repeatedly drawn Supreme Court review.
Constitutional Rank for Human Rights Treaties
One of the most consequential features of the 1994 reform sits inside Article 75, clause 22. That clause names specific international human rights instruments, including the American Convention on Human Rights, the Universal Declaration of Human Rights, the Convention on the Rights of the Child, and the Convention against Torture, and gives them the same legal weight as the Constitution itself.4Congreso de la Nación Argentina. National Constitution – Congressional Powers Additional treaties can be elevated to constitutional status by a two-thirds vote of all members of each chamber. Argentine courts apply these standards directly in domestic cases, expanding protections well beyond what the 1853 text alone provided.
The Defensor del Pueblo
The 1994 reform also created the office of the Defensor del Pueblo, an independent ombudsman appointed by Congress. The Defensor defends human rights, constitutional guarantees, and individual interests against acts or omissions by the public administration, and oversees the exercise of administrative functions. The office enjoys the immunities of a member of Congress, serves a five-year term, and has standing to bring legal actions on behalf of the public. It gives ordinary citizens a route to challenge government conduct without going straight to court.
Provinces and Local Government
Argentina’s 23 provinces and the Autonomous City of Buenos Aires keep all powers not expressly delegated to the federal government.1Constitute Project. Argentina 1853 (reinst. 1983, rev. 1994) Constitution Provinces run their own court systems, manage primary education, and govern local affairs through their own constitutions, which must conform to republican principles. Each province has a governor, a legislature, and its own judiciary. Article 123 requires each province to ensure municipal autonomy in its constitution across institutional, political, administrative, economic, and financial matters.6Congreso de la Nación Argentina. National Constitution – Provincial Governments Municipalities generally handle public works, zoning, and local infrastructure, and cities can now draft their own charters.
Fiscal Coparticipation
The financial relationship between the federal government and the provinces runs through the Federal Tax Coparticipation regime, which determines how nationally collected tax revenue is distributed back to the provinces. The system operates under a transitional 1988 law that set distribution percentages based on historical patterns and political negotiation. The 1994 reform called on Congress to pass a new coparticipation law by the end of 1996, but that deadline passed and no replacement has been enacted.7Law Library of Congress. Argentina – Fiscal Relationship Between the Central Government and the Provinces Wide disparities in per-capita transfers persist, and disputes over allocations regularly reach the Supreme Court.
Federal Intervention
The federal government can intervene in a province’s affairs only under narrow circumstances defined in Article 6: to guarantee the republican form of government, to repel a foreign invasion, or, at the request of the province’s own authorities, to support or restore them if they have been overthrown by internal revolt or invasion from another province.1Constitute Project. Argentina 1853 (reinst. 1983, rev. 1994) Constitution When intervention occurs, the federal government typically appoints an intervenor who takes temporary control of some or all provincial institutions until the crisis is resolved.
The Electoral System
Voting is mandatory for Argentine citizens between 18 and 70. Citizens aged 16 and 17 and those over 70 may vote but are not required to. The ballot is secret, and failure to vote without a valid excuse carries a fine and a temporary bar from performing certain government-related administrative tasks.
Presidential Elections
President and vice president run on a joint ticket and are elected by direct popular vote. A ticket wins in the first round with more than 45 percent of valid votes, or with at least 40 percent and a lead of more than 10 percentage points over the second-place ticket.1Constitute Project. Argentina 1853 (reinst. 1983, rev. 1994) Constitution If neither threshold is met, the top two tickets go to a runoff, known as the ballotage, held within 30 days. The two-round system was introduced by the 1994 reform.
Legislative Elections
Congressional elections take place every two years to renew half the Chamber of Deputies and one-third of the Senate. Deputies are elected through closed party lists using the D’Hondt method, with each province and the City of Buenos Aires serving as a multi-seat constituency. Senate seats follow a different rule: in each district, the top-finishing party takes two of the three seats, and the runner-up takes the third.
Primary Elections (PASO)
Law 26.571, enacted in 2009, established the Primary, Open, Simultaneous, and Mandatory (PASO) system. Under PASO, all political parties select their candidates for national office through a single, simultaneous primary held across the country. Even parties running a single internal list must participate. To advance to the general election, a party must receive at least 1.5 percent of the valid votes cast in the relevant district for that category of office.8Observatorio Legislativo CELE. Argentina Law No. 26571 National Electoral Code – 2009 Legislation suspended PASO for the 2025 national elections, and the Milei administration has pushed to eliminate it permanently. Whether PASO will apply to future cycles remains an open question as of early 2026.
Voting Rights for Foreign Residents
Foreign nationals with permanent residency can vote in most provincial and municipal elections, though they cannot vote for national offices or run as candidates. Rules vary by district. Residency requirements range from one to five continuous years depending on the province. In some jurisdictions, including the Province of Buenos Aires and the Autonomous City of Buenos Aires, registration for eligible foreign residents is automatic. Migrants can vote for municipal officials in every province except Formosa, and a smaller number of provinces also allow them to vote for provincial legislators.