Argentina 1994
Argentina’s 1994 constitution is a significantly amended version of the existing constitution, which dates back to 1853. The impetus for altering the existing constitution can be traced to the efforts of diverse sectors tied to the governing party. These groups sought to amend the constitution in order to enable the president (Carlos Menem) to be reelected. Prior to the 1994 amendments, an individual could only serve one six-year term as president of Argentina. Only a constitutional amendment could change the term limits for the presidency. Any proposed amendment to the constitution requires a declaration of the necessity of the amendment and the exact clauses f the Constitution that could be amended by a two-thirds majority in the two houses of Congress, the Senate and the House of Deputies. This Congressional declaration, according to the 1853 constitution, is to be followed by the convening of a Constitutional Convention. The Constitutional Convention will determine the specific contents of amendment and approve the final changes.
In November 1993, Menem engaged the leader of the major opposition party, former president Raul Alfonsin, in secret negotiations. In these negotiations, the leaders agreed to mutual concessions with the guarantee that both parties would not block the proposed reforms in the Congress. On November 14, 1993, Menem and Alfonsin signed the Olivios Pact, formalizing this agreement. The Olivos Pact codified three main agreements: 1) there were some constitutional clauses that were not to be modified; 2) the clauses to which Menem and Alfonsin had agreed along with the exact content of the modifications; and 3) there were some clauses and themes that were still open to debate and that could be amended or included by the Constitutional Convention.
Menem presented the text of the Olivos Pact, which outlined the proposed reforms, to the 257- member Chamber of Deputies for approval in December 1993. Since a majority of deputies belonged to Menem’s and Alfonsim’s parties, the Chamber approved the pact without alterations by the required two-thirds vote. The proposal then moved to the 48-member Senate for approval. The Senate amended the bill to remove the provision reducing the senator’s terms to four years and then put the bill to a vote. The Senate approved the bill with the necessary two-thirds majority on December 29, 1993.
The 305-member Constitutional Convention was held from May through August 1994. While the Convention could only vote on the core reforms proposed by Menem and Alfonsin as a package, they were able to vote separately on the other articles introduced during the convention. The Constitutional Convention unanimously approved the entire package of reforms agreed upon in the Olivos Pact, as well as several additional provisions, on August 22, 1994. The new constitution entered into force on August 24, 1994.