Sum of public power
Encyclopedia
The sum of public power is a legal figure from Argentina, included in its constitution
. It represents the sum of the three powers
, and deems the complete delegation of them into the executive power
as a crime of high treason
.
The term was created in 1835, when governor Juan Manuel de Rosas
was granted such powers by the legislature of Buenos Aires. Justo José de Urquiza
led an army to depose Rosas in order to enact a Constitution, which Rosas had delayed for years, and the 1853 Constitution legally forbade such a thing from happening again.
, and soon the legislature of Buenos Aires elected Rosas as governor. Those powers were fully delegated on him, with the sole exceptions of keeping, defending and protecting the Roman Catholic Church
, and keeping and defending the cause of the Confederation, with an unlimited term of office
. However, before accepting it, Rosas requested a poll among the population, to find out if there was public support the delegation. The poll was won by 9.316 votes, against just 4.
According to historian John Lynch
, the sum of public power meant that Rosas had immunity against deposing, dissent, critic, punishment, the power to rule the life or death of people, to enact law about people or property, to declare war or peace to other countries, set taxes, designate ministers, etc.
compared Rosas with other historical dictators in his work Facundo
, where he said as follows:
On the contrary, José de San Martín
gave his full support to the delegation, on the grounds that the current situation in the country was so chaotic that it was needed to create order.
, and Urquiza called for the making of a National Constitution, which was written the following year, 1853. The 29º article explicitly forbids a delegation of powers such as the one done with Rosas to be performed.
Constitution of Argentina
The constitution of Argentina is one of the primary sources of existing law in Argentina. Its first version was written in 1853 by a Constitutional Assembly gathered in Santa Fe, and the doctrinal basis was taken in part from the United States Constitution...
. It represents the sum of the three powers
Separation of powers
The separation of powers, often imprecisely used interchangeably with the trias politica principle, is a model for the governance of a state. The model was first developed in ancient Greece and came into widespread use by the Roman Republic as part of the unmodified Constitution of the Roman Republic...
, and deems the complete delegation of them into the executive power
Executive (government)
Executive branch of Government is the part of government that has sole authority and responsibility for the daily administration of the state bureaucracy. The division of power into separate branches of government is central to the idea of the separation of powers.In many countries, the term...
as a crime of high treason
High treason
High treason is criminal disloyalty to one's government. Participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplomats, or its secret services for a hostile and foreign power, or attempting to kill its head of state are perhaps...
.
The term was created in 1835, when governor Juan Manuel de Rosas
Juan Manuel de Rosas
Juan Manuel de Rosas , was an argentine militar and politician, who was elected governor of the province of Buenos Aires in 1829 to 1835, and then of the Argentine Confederation from 1835 until 1852...
was granted such powers by the legislature of Buenos Aires. Justo José de Urquiza
Justo José de Urquiza
Justo José de Urquiza y García was an Argentine general and politician. He was president of the Argentine Confederation from 1854 to 1860.He was governor of Entre Ríos during the government of Juan Manuel de Rosas, governor of Buenos Aires with powers delegated from the other provinces...
led an army to depose Rosas in order to enact a Constitution, which Rosas had delayed for years, and the 1853 Constitution legally forbade such a thing from happening again.
Historical context
The death of the federalist caudillo Facundo Quiroga caused great concern in the Argentine ConfederationArgentine Confederation
The Argentine Confederation is one of the official names of Argentina, according to the Argentine Constitution, Article 35...
, and soon the legislature of Buenos Aires elected Rosas as governor. Those powers were fully delegated on him, with the sole exceptions of keeping, defending and protecting the Roman Catholic Church
Roman Catholic Church
The Catholic Church, also known as the Roman Catholic Church, is the world's largest Christian church, with over a billion members. Led by the Pope, it defines its mission as spreading the gospel of Jesus Christ, administering the sacraments and exercising charity...
, and keeping and defending the cause of the Confederation, with an unlimited term of office
Term of office
Term of office or term in office refers to the length of time a person serves in a particular office.-Prime Minister:In the United Kingdom, the Prime Minister has no term limits...
. However, before accepting it, Rosas requested a poll among the population, to find out if there was public support the delegation. The poll was won by 9.316 votes, against just 4.
According to historian John Lynch
John Lynch (historian)
John Lynch is Emeritus Professor of Latin American History at the University of London. He spent most of his academic career at University College, and then from 1974 to 1987 as Director of the Institute of Latin American Studies...
, the sum of public power meant that Rosas had immunity against deposing, dissent, critic, punishment, the power to rule the life or death of people, to enact law about people or property, to declare war or peace to other countries, set taxes, designate ministers, etc.
Controversy
The delegation of the sum of public power on Rosas was highly controversial. Domingo Faustino SarmientoDomingo Faustino Sarmiento
Domingo Faustino Sarmiento was an Argentine activist, intellectual, writer, statesman and the seventh President of Argentina. His writing spanned a wide range of genres and topics, from journalism to autobiography, to political philosophy and history...
compared Rosas with other historical dictators in his work Facundo
Facundo
Facundo: Civilization and Barbarism is a book written in 1845 by Domingo Faustino Sarmiento, a writer and journalist who became the seventh president of Argentina...
, where he said as follows:
On the contrary, José de San Martín
José de San Martín
José Francisco de San Martín, known simply as Don José de San Martín , was an Argentine general and the prime leader of the southern part of South America's successful struggle for independence from Spain.Born in Yapeyú, Corrientes , he left his mother country at the...
gave his full support to the delegation, on the grounds that the current situation in the country was so chaotic that it was needed to create order.
Constitutional status
Rosas's mandate ended after his defeat at the Battle of CaserosBattle of Caseros
The Battle of Caseros was fought near the town of Caseros, more precisely between the present-day train stations of Caseros and Palomar in Buenos Aires Province, Argentina, on 3 February 1852, between the Army of Buenos Aires commanded by Juan Manuel de Rosas...
, and Urquiza called for the making of a National Constitution, which was written the following year, 1853. The 29º article explicitly forbids a delegation of powers such as the one done with Rosas to be performed.