Argentina’s Constitutional Framework and Executive Power
Argentina’s legal system diverges from common law, instead drawing more heavily on French, Brazilian, and German legal models. Unlike common law, where precedent plays a central role, Argentina follows a European or Continental law system. In this system, laws are primarily written down in a set of rules that becomes a detailed code in which statutes and codes form the law, and jurisprudence functions mainly as a tool of interpretation. [1] The Argentine Constitution outlines the government structure, rights and guarantees of citizens, and the powers of the federal government and provinces. It establishes a federal republic with a separation of powers; autonomy is provided to its provinces while issues like defense or foreign affairs remain with the central government.
The Argentine Constitution is both rigid in its text and complicated to amend. The approval for an amendment must be favored by at least a two-thirds majority in Congress during a convention specifically held to amend the Constitution. [2] As a result, reform occurs slowly. Historically, when constitutional changes have taken place, they have sometimes been to push the political agenda of the ruling party rather than in response to the current legal and social needs of the people. Additionally, within this framework, the President is constitutionally granted veto power to maintain checks and balances, which can present an issue when used frequently. [3]
Before the current Argentine President, Javier Milei, entered office in December of 2023, Argentina was facing an extreme set of challenges with a debt crisis, inflation, and a struggle between fiscal powers and spending responsibilities. [4] The rigidness of the Constitution, while helping to maintain a strong central government, had created political tensions between the different divisions of government powers. [5] As Milei took on the presidency, there was a strong promise for radical political change. He pledged to restore the fiscal balance through austerity, cut provincial transfers, and govern with presidential veto and Decretos de Necesidad y Urgencia (Decrees of Necessity and Urgency). [6]
Since taking office in 2023, Milei has used his veto power to block certain legislation that had been received with overall congressional support. Milei vetoed a state university funding bill, which, if implemented, was meant to guarantee financing for public universities across Argentina, expand grants, and improve academic programs. Despite the bill being passed by the Chamber of Deputies, the lower house of Argentina’s National Congress, Milei argued that it would threaten the fiscal stability by increasing expenditures that Argentina would not be able to commit to, and no other direct and reliable funding was specified. [7] Congress attempted to override the veto but failed to secure the constitutionally required two-thirds majority. [8] This veto sparked staged strikes and street blockades from university unions.
Milei also vetoed legislation that was set to increase the spending budget on pensions and a law that was meant to increase the protections for those with disabilities. [9] Milei argued on a similar premise that it was due to his pledge to not only reduce but to completely end the fiscal deficit the country currently faces, using his well-known phrase “No hay plata” (There is no money). [10] Some critics believe that the President's vetoes undermine legislative will, specifically in cases where there is broad support. However, the President remains firm that it is meant to preserve and improve the economic stability of the country.
From a constitutional perspective, the presidential veto is essential to maintain a balance of powers, ensuring the Executive can prevent potentially unsound legislation and maintain fiscal discipline, as Milei’s plan was intended to do. Judicial review, however, also allows the courts to evaluate whether the actions of the Executive are within the bounds of the Constitution. [11]
Legal issues arise when the executive attempts to use decree power to bypass legislative debate. Milei’s “mega-decree” labor reform had been blocked by the Argentine court because the President had exceeded constitutional authority. The mega-decree included immense regulatory changes that need the approval of congress to be instated. [12] Despite the rigidity of the legal text and amendment process, the President is still capable of exerting de facto control beyond the limits of its constraints.
Critics of Milei describe his use of vetoes to block the legislation as an immoral risk and politically unsustainable, as it disrupts the constitutional balance. The backlash received by the public has been increasing as the legislative vetoes affect groups such as students and pensioners. [13] Others, however, contend that Milei’s justification based on his “zero fiscal deficit” plan reflects his legitimate concerns by insisting that new laws demonstrate their funding sources and preserve the fiscal balance, maintaining the overall economic stability even amidst the controversy.
The Argentine government highlights how codified constitutions, while providing a sense of clarity and stability, remain inflexible in response to changes in societal needs. When legislation passed by the elected representatives is consistently blocked by the executive that is roadmapping a firm political path, questions and tensions begin to rise about whether the constitutional design is capable of properly reflecting the democratic will. While the veto is a constitutional tool, heavy reliance on it in order to block social policies despite congressional support raises concerns about the dominance of the executive branch. Argentina faces the challenge of balancing fiscal responsibility for the economic well-being of the country with the social responsibility of protecting constitutional rights and preserving legislative authority.
Sources
Notes UFCL, ‘Common Law vs Continental Law’ (UOLLB First Class Law Notes®, 8 July 2024) <https://uollb.com/blogs/uol/common-law-vs-continental-law> accessed 23 April 2025
‘Argentina 1853 (Reinst. 1983, Rev. 1994) Constitution’ (Constitute) <https://www.constituteproject.org/constitution/Argentina_1994> accessed 23 April 2025
Congreso de la Nación Argentina. Accessed September 29, 2025. https://www.congreso.gob.ar/constitucionSeccion1Cap5_ingles.php.
“The Controversial Dawn: Javier Milei’s First 100 Days.” EURAC Research. Accessed September 29, 2025. https://www.eurac.edu/en/blogs/eureka/the-controversial-dawn-javier-milei-s-first-100-days.
Congreso de la Nación Argentina. Accessed September 29, 2025. https://www.congreso.gob.ar/constitucionSeccion1Cap4_ingles.php.
“Sistema Argentino de Informacion Juridica.” SAIJ. Accessed September 29, 2025. https://www.saij.gob.ar/corte-suprema-justicia-nacion-federal-ciudad-autonoma-buenos-aires-verrocchi-ezio-daniel-poder-ejecutivo-nacional-administracion-nacional-aduanas-accion-amparo-fa99000009-1999-08-19/123456789-900-0009-9ots-eupmocsollaf.
Al Jazeera. “Argentina’s Congress Fails to Overturn Milei’s University Funding Veto.” Al Jazeera, October 9, 2024. https://www.aljazeera.com/news/2024/10/9/argentinas-congress-fails-to-overturn-mileis-university-funding-veto.
Grainger, James. “Milei Vetoes State University Funding Bill, Escalating Conflict.” Buenos Aires Times, September 11, 2025. https://www.batimes.com.ar/news/argentina/milei-vetoes-state-university-funding-bill-escalating-conflict-with-education-sector.phtml.
“Argentina’s Milei Vetoes Pension and Disability Spending Increases, Citing Fiscal Deficit Pledge.” AP News, August 4, 2025. https://apnews.com/article/argentina-milei-veto-government-libertarian-pension-midterms-trump-878a2d190441bc0f390e18279a42706a.
ProQuest | Better Research, Better Learning, better insights. Accessed September 29, 2025. https://www.proquest.com/.
“Sistema Argentino de Informacion Juridica.” SAIJ. Accessed September 29, 2025. https://www.saij.gob.ar/corte-suprema-justicia-nacion-federal-ciudad-autonoma-buenos-aires-consumidores-argentinos-pen-dto-558-02-ss-ley-20091-fa10985614-2010-05-19/123456789-416-5890-1ots-eupmocsollaf.
“Sistema Argentino de Informacion Juridica.” SAIJ. Accessed September 29, 2025. https://www.saij.gob.ar/corte-suprema-justicia-nacion-federal-ciudad-autonoma-buenos-aires-aceval-pollacchi-julio-cesar-compania-radiocomunicaciones-moviles-sa-despido-fa11000088-2011-06-28/123456789-880-0001-1ots-eupmocsollaf.
Milei faces legislative and popular pushback over austerity measures | Courthouse News Service. Accessed September 30, 2025. https://www.courthousenews.com/milei-faces-legislative-and-popular-pushback-over-austerity-measures/.