3021
The constitutional reform of 1994 has definitely been an improvement in relation to the previous Constitution of 1853. However, it represents an example of a lost opportunity and, after 20 years of its passing, it is important to point out its deficits and flaws. In the 80's there was a clear a...
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| Formato: | Artículo publishedVersion |
| Lenguaje: | Español |
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Universidad de Buenos Aires. Facultad de Derecho. Departamento de Publicaciones
2014
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| Acceso en línea: | http://www.derecho.uba.ar/publicaciones/pensar-en-derecho/revistas/5/un-breve-balance-de-la-reforma-constitucional-de-1994-20-anos-despues.pdf http://repositoriouba.sisbi.uba.ar/gsdl/cgi-bin/library.cgi?a=d&c=pensar&cl=CL1&d=HWA_3021 https://repositoriouba.sisbi.uba.ar/gsdl/collect/pensar/index/assoc/HWA_3021.dir/3021.PDF |
| Aporte de: |
| Sumario: | The constitutional reform of 1994 has definitely been an improvement in relation to the previous Constitution of 1853. However, it represents an example of a lost opportunity and, after 20 years of its passing, it is important to point out its deficits and flaws. In the 80's there was a clear academic and political consensus on the importance of solving the democratic instability that affected Latin America. A bad constitutional design that emphasizes the hyper-presidentialism was seen, to a large extent, as the responsible of the political crisis. The Constitution of 1994 maintained an organization of power centered in the Executive. The reform was characterized by its accumulative tendency, instead of being synthetic, which is reflected in a great incorporation of "new rights" in matters of human rights. The energies were put in the increase of the list of rights when, at the same time, another important part of the Constitution was neglected: the one of the organization of power. The incorporation of organisms and institutions such as the Council of Magistracy or the Chief of Staff had changed the institutional system but were not useful for a democratization of power. Moreover, the "accumulative" solutions implied problems in its effectiveness, as certain new rights entered in tension with old ones |
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