3027
This article analyses the type of federalism proposed by the 1994 constitutional reform and its concrete results that can be observed to the date. The first section reviews the different conceptions of federalism that were promoted since the origins of our nation and in the 1853-1860 National Consti...
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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/el-federalismo-unitario-argentino-1994-2014.pdf http://repositoriouba.sisbi.uba.ar/gsdl/cgi-bin/library.cgi?a=d&c=pensar&cl=CL1&d=HWA_3027 https://repositoriouba.sisbi.uba.ar/gsdl/collect/pensar/index/assoc/HWA_3027.dir/3027.PDF |
| Aporte de: |
| Sumario: | This article analyses the type of federalism proposed by the 1994 constitutional reform and its concrete results that can be observed to the date. The first section reviews the different conceptions of federalism that were promoted since the origins of our nation and in the 1853-1860 National Constitution. In the second part, the political autonomy, normative autonomy and economic-financial autonomy of the federated subjects are taken as relevant indications in order to conduct a detailed examination of the normative constitutional design and of the effective practice concerning the federal system since 1994. Thus, it is possible to corroborate the existence of precise designs and irreversible lawless practices, as well as imprecise designs that, in the context of an a-nomical culture, enables the degradation of legitimate goals concerning the enhancement of the federal system. The third section studies the City of Buenos Aires as a new and completely autonomous federal subject, with a legal nature that can be understood in two phases: a temporal one, in which its powers resemble those of provinces, and a definitive one, in which they are leveled. |
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