The Assembly of XIII year and the extraordinary dimension of the traditional legal order. Reflections around the oath and instructions of the Cabildo of Córdoba

Abstract

Considering the historiographical changes related to the first Hispanic American constitutionalism, we analyze some aspects of the legal tradition still dominant at the time of the Assembly of 1813 that may contribute to a better comprehension of its significance as first constitutional attempt in Rí­o de la Plata. Based on the elucidation of the meaning of the adjective "extraordinary" -as a key in the pre-contemporary normative language-, we focus on some classic topics as the problem of representation, the instructions to the representatives and the oath required for the recognition of the Assembly. Although we have primarily used testimonies taken from the council of Cordoba, we hope that some of our reflections can be projected beyond that occasional scope.