A 25 AÑOS DE LA REFORMA CONSTITUCIONAL DE 1994 1Por ANTONIO MARÍA...
The objective of the study is the descriptive analysis and assessment of the constitutional reform 25 years after its approval. The legitimacy of the reform will be considered, as well as the ideas that inspired it, the constitutional design used, the modernization produced at the level of global co...
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| Formato: | Artículo publishedVersion |
| Lenguaje: | Español |
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Universidad de Buenos Aires. Facultad de Derecho. Departamento de Publicaciones
2019
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| Acceso en línea: | http://repositoriouba.sisbi.uba.ar/gsdl/cgi-bin/library.cgi?a=d&c=juridica&cl=CL1&d=HWA_3840 https://repositoriouba.sisbi.uba.ar/gsdl/collect/juridica/index/assoc/HWA_3840.dir/3840.PDF |
| Aporte de: |
| Sumario: | The objective of the study is the descriptive analysis and assessment of the constitutional reform 25 years after its approval. The legitimacy of the reform will be considered, as well as the ideas that inspired it, the constitutional design used, the modernization produced at the level of global comparative constitutionalism and the high degree of non-compliance with the reform. It will be highlighted that the reform had the highest degree of consensus in our history and that, in addition, it carried out the greatest task of constituent reform, both in aspects related to rights, as well as in the organization of power and, in particular, in its decentralization. Among the ideas forces, I will emphasize the strengthening of federalism and the deepening of the decentralization of power, in the philosophical-political conception of republican and federal democracy, which is the quintessence of our political regime. With the experience of having played in this Convention, I will discuss the constitutional design used with specific analysis of what happened in each aspect over these 25 years, which will demonstrate the high degree of non-compliance with this federal project and other aspects of reform. Finally, I will make references to proposals to try to change this reality of the anomie that characterizes us, anticipated years ago by Carlos Santiago Nino and demonstrated in the 2 Surveys on Constitutional Culture, which I directed together with Daniel Zovatto and Manuel Mora y Araujo, the first of 2004 and the second with Zovatto and Eduardo Fidanza, of 2014. The method will be inductive and deductive, interdisciplinary and realistic, as I do in my books and studies of public law, both constitutional law, federalism, provincial constitutionalism and municipal law. |
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