Political System and Constitution of Argentina

Introduction

Argentina is a federal, representative and presidential democratic republic. Its constitutional framework is based on the Constitution of 1853, which establishes the separation of powers among the executive, legislature and judiciary.

The constitution was most significantly revised in 1994, bringing important institutional changes such as shorter presidential terms, one consecutive reelection, and the office of the Chief of the Cabinet of Ministers.

Constitutional Structure and the Executive

• Constitution of 1853: The foundational document of Argentina’s political system, with the most extensive reform carried out in 1994.
• Presidency: The President serves as both Head of State and Head of Government.
• Current President: Javier Milei assumed office on December 10, 2023, along with Vice President Victoria Villarruel.
• Presidential term: Four years, with one consecutive reelection permitted.
• Chief of the Cabinet of Ministers: Created by the 1994 constitutional reform, this office coordinates daily administration and acts as a link between the President and Congress.
• Cabinet Chief in office: Diego Santilli was sworn in on July 1, 2026, succeeding Manuel Adorni.
• Executive reorganization: Emergency Decree 571/2026 abolished the Ministry of the Interior and transferred its political, municipal and electoral duties to the Cabinet Chief’s Office.

The Legislature

• Bicameral Parliament: The Argentine National Congress consists of the Senate and the Chamber of Deputies.
• Senate: Has 72 seats, representing the provinces.
• Chamber of Deputies: The lower house of Congress.
• Presiding officer: Martín Menem serves as the President of the Chamber of Deputies.
• Legislative role: Congress is central to lawmaking, but recent emergency and delegated powers have expanded executive influence.

The Judiciary

• Supreme Court: Heads the judicial branch and constitutionally has five seats.
• Vacant seats: Only three seats are currently occupied because of long-standing political deadlock over appointments.
• 2025 nominations: President Milei tried to appoint Ariel Lijo and Manuel García-Mansilla by presidential decree in February 2025, but the Senate rejected both nominations in April 2025.
• Judicial vacancies: Around 35% of national and federal judicial positions remain unfilled.
• Ombudsperson posts: The national ombudsperson post has been vacant since 2009, while the children’s ombudsperson position has been vacant since March 2025.

Cabinet Structure and Administration

• Administrative reshuffle: Following Emergency Decree 571/2026, the cabinet was reduced to eight ministries to streamline governance and reduce spending.
• Foreign Relations: Ministry of Foreign Affairs, International Trade and Worship.
• Defense and Security: Ministry of Defense; Ministry of National Security.
• Economy and Reform: Ministry of Economy; Ministry of Deregulation and State Transformation.
• Justice and Health: Ministry of Justice; Ministry of Health.
• Social Sector: Ministry of Human Capital.
• Cabinet administration: Chief of Cabinet Diego Santilli, Deputy Chief Guillermo Devitt, and Deputy Chief for Interior Gustavo Coria.

Legislative Emergency and Reforms

• Law No. 27,742: Known as the Ley Bases or Law of Bases, enacted in July 2024.
• Law No. 27,743: The Fiscal Package Law, also enacted in July 2024.
• Emergency fields: These laws declared public emergencies in administrative, economic, financial and energy sectors.
• Delegated powers: The emergency framework allowed the executive to exercise specific legislative powers directly.
• Policy scope: Enabled restructuring of public administration, deregulation of economic sectors and privatization of selected state-owned enterprises.

Labor Modernization Provisions

• Law No. 27,802: The Labor Modernization Law, enacted on March 6, 2026.
• Coverage: Restricts the reach of the older Employment Contract Law by excluding independent contractors and platform workers.
• Worker-Collaborator regime: Allows individual entrepreneurs to engage up to three independent collaborators without creating a traditional employment relationship.
• Probation period: Extended from three months to six months, with possible extension up to one year for small business entities.
• Labor Assistance Fund (FAL): Created to help employers meet severance obligations.
• Decree No. 408/2026: Published on June 1, 2026 to regulate the FAL, with full implementation set for November 1, 2026.

Key Prelims Takeaways

• Federal system: Argentina is a federal presidential republic with a written constitution.
• Core document: The Constitution of 1853 is the basis of the political system.
• Major reform: The 1994 amendment introduced the Chief of the Cabinet of Ministers and allowed one consecutive presidential reelection.
• Executive head: The President is both Head of State and Head of Government.
• Legislature: Congress is bicameral, consisting of the Senate and the Chamber of Deputies.
• Judicial structure: The Supreme Court has five constitutionally sanctioned seats, but only three are occupied.
• Recent governance trend: Emergency and reform laws have expanded executive flexibility in administration, economic policy and labour regulation.