On May 1, 1853, the Constitution of the Argentine Nation was sanctioned by the Assembly that took place for that purpose in the province of Santa Fe.
Known for all the historical antecedents that finally led to the political and legal organization of Argentina, the doctrinal emblem undoubtedly sits with its intellectual inspiration, Don Juan Bautista Alberdi, with his magnificent work "Bases and starting points for the political organization of the Argentine Republic."
With that title so expressive of an idea, the foundations were precisely laid that in turn represented the path of development, regulating the exercise of State Power, which Alberdi and the constituents did not deny but considered necessary for the organization, with a clear sense of belonging to a joint project, just as the Presidents who followed in those early days also understood it; and so well.
This magnificent work, not only legal and political, but also literary, represents the whole of society, guaranteeing individual rights and freedoms, the protection of work and trade, property, individual security, the organization of the State and legal security, the division of powers and their functions, thereby avoiding the deviation towards any form of authoritarianism; in short, the promotion and defense of progress in peace, promoting general well-being.
This is determined by the Preamble, an excellent expressive piece as a synthesis of a declaration of principles that, without being overly explicit, precisely indicates the objective that the Supreme Law establishes in its articles; that is, its preamble becomes the philosophical basis of the National Constitution. It clearly highlights that the progress of the whole is not incompatible with individual rights and that such rights are sustained beyond an isolated statement, since they form part of the general welfare, without which, freedom breaks down.
Such was the importance that the constituents gave it that, in anticipation of possible political swings, they stipulated a type of written and rigid constitution, imposing a unique and specific method for its modification, in order to protect its text from possible changes inspired only by circumstantial majorities.
Thus, our Constitution offers us the ideal framework for development with political and legal stability, guaranteeing the full exercise of citizens' rights and also the role of the State as promoter of development, guardian of order and arbitrator in inequalities that break peace, under the principles of separation of powers and reciprocal control.
The greatest political agreement of the Nation, developed as the legal norm of greatest relevance in the hierarchical order, becomes the founding and fundamental document for the life of the millions of citizens who inhabit the Argentine territory, based on principles and values of freedom and prosperity, promoting general well-being to consolidate peace and national unity.
The greatest demand for respect and exercise of its postulates falls on the rulers, since they are responsible for political administration and guarantors of its performance with absolute awareness of the division of powers.
Despite all this, our Constitution has been mistreated, if not violated, on several occasions. Therefore, it is essential that this new anniversary also be a starting point to extend the full knowledge of what the Supreme Law establishes and which is, for all without any distinction, the gospel of the citizen. We cannot ignore that due to ignorance and consequent malpractice, the Constitution has almost lost its meaning. And with it, the concept of Nation loses its meaning. In its commemoration, in all educational institutions, days of recognition, reflection and civic instruction should be carried out, not only to remember the date of its original sanction, but to raise awareness about the values and principles, so that we all also assume the responsibility of being authentic citizens and limit the abuse of the rulers.
And finally, beyond beliefs, skepticism or denials, may the source of all reason and justice that each one considers appropriate, illuminate our minds and souls in the understanding, attachment and unrestricted commitment to its fulfillment, so that on each May 1st, we are all together celebrating our National Constitution.
The author is a lawyer and member of the Institute of Customs Law and International Trade of the Argentine Association of Constitutional Justice.
