Geography of the Code: National Codification and Provincial Jurisdiction: article 67 clause 11 of the National Constitution. Argentina, mid-19th Century, early 20th Century

This paper discusses that, in the process of building the national state, the way in which the federal regime, enshrined in the National Constitution, understood the relationship between jurisdiction and territory was projected in the constitutional norms referred to the sanction and application of...

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Detalles Bibliográficos
Autor principal: Polotto, María Rosario
Formato: Artículo revista
Lenguaje:Español
Publicado: Grupo Prohistoria 2023
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Acceso en línea:https://ojs.rosario-conicet.gov.ar/index.php/prohistoria/article/view/1833
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Sumario:This paper discusses that, in the process of building the national state, the way in which the federal regime, enshrined in the National Constitution, understood the relationship between jurisdiction and territory was projected in the constitutional norms referred to the sanction and application of the codes. From an iushistoriographical perspective, we will examine the norms and parliamentary and doctrinal debates that generated the legal reserve established by article 67, paragraph 11 of the National Constitution. Finally, it will examine how the Supreme Court of Justice of the Nation understood this article and the ways it implemented to overcome it.