Home » What is it, what is it for and when was the last one in Argentina

What is it, what is it for and when was the last one in Argentina

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What is it, what is it for and when was the last one in Argentina

After the legislative setback that the national government suffered this Tuesday, the presidential spokesperson, Manuel Adorni, hinted at the possibility that the Executive Branch would call a plebiscite to advance the reform project.

The president himself, Javier Milei, expressed himself about this on his X account (formerly Twitter). Among his selected tweets, one appeared that spoke of “binding plebiscite and cut the ball.”

What is a plebiscite

It is a mechanism of citizen participation typical of democratic regimes (although in some cases it can be exercised in non-democratic regimes) and that serves as an instrument of direct consultation with voters on some matter of exceptional importance in collective life that, by compromising national destiny requires the express consent of citizens.

The national Constitution provides that the President of the Nation or Congress can submit issues of general interest to popular consultation in a non-binding manner, that is, without the obligation to abide by the will of the voters. In this case, voting is not mandatory.

Difference between binding and non-binding popular consultation

The popular consultation is binding when it is called by Congress, at the initiative of the Chamber of Deputies, to consult on a bill. This convocation law cannot be vetoed. The affirmative vote of the people on the project makes it law and its promulgation is automatic.

Meanwhile, the non-binding popular consultation occurs when the call is made by Congress or the President of the Nation (this would be the case of Milei). Congress requires the vote of the absolute majority of all the members of each Chamber and is the one who regulates the matters, procedures and opportunity of the popular consultation. In this case the vote is not mandatory.

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What is a plebiscite for?

Plebiscite and referendums are forms of popular consultation. The Dictionary of the Royal Spanish Academy postulates that a referendum is a “legal procedure by which laws or administrative acts are submitted to popular vote” so that the public ratifies them, or not.

While in a plebiscite the people’s approval or rejection of a particular measure is sought.

When was the last plebiscite in Argentina

Cover of La Voz del Interior of November 26, 1984, plebiscite to resolve the Beagle Conflict.

The last time the popular consultation was used in Argentina was shortly after the return to democracy, in 1984, less than a year after Raúl Alfonsín took office. On that occasion, a non-binding popular consultation was called regarding a peace proposal with Chile over the Beagle Channel.

The decree with which Raúl Alfonsín called for the consultation was highly discussed, since the issue of peace with Chile was not incorporated into the Constitution and its legality was questioned. There was even a ruling by the Supreme Court of Justice of the Nation.

Finally, in the consultation that took place on Sunday, November 25, 1984, citizens attended to vote, whether they were on the registry or not, and the “yes” won.

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