Abstract

TRIPOLONE, Gerardo. The National Defense in the 1949 Constitution*. Rev. hist. derecho [online]. 2020, n.59, pp.107-139. ISSN 1853-1784.

This essay aims to study the clauses related to national defense on the 1949 Constitution. As Arturo Sampay noted, contrary to other Constituent Conventions in Argentina, national defense was a fundamental issue in this reform. However, scholars have not studied the topic systematically. To do it, we analyze three important texts: one by Juan D. Perón from 1944; the other is the speech by Sampay in the Convention; and finally, a 1954 piece by Rodolfo Valenzuela, president of the Supreme Court of Justice. Through the analysis of these pieces, a better understanding is possible on the reasons that the actors of that time had to explain the constitutional modifications on national defense.

Keywords : National Defense; 1949 Constitution; Perón; Sampay; Valenzuela.

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