DESAFÍOS INSTITUCIONALES A 25 AÑOS DE LA REFORMA DE 1994. NECESARIA...

The purpose of this work results from the title and subtitle. It has been recalled what was the origin of the 1994 reform to the Argentine Constitution, highlighting how the agreements that preceded it were developed and how they progressively expanded, until arriving at a consensual and legitimate...

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Autor principal: García Lema, Alberto Manuel
Formato: Artículo publishedVersion
Lenguaje:Español
Publicado: 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_3841
https://repositoriouba.sisbi.uba.ar/gsdl/collect/juridica/index/assoc/HWA_3841.dir/3841.PDF
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Sumario:The purpose of this work results from the title and subtitle. It has been recalled what was the origin of the 1994 reform to the Argentine Constitution, highlighting how the agreements that preceded it were developed and how they progressively expanded, until arriving at a consensual and legitimate reform, which successfully consolidated democracy against military coups and illegitimate governments that prevailed in the twentieth century, which contributed to greater balance and efficiency among the powers of the State (although there are still remnants of the "hyper-presidentialism" that it sought to overcome), and expanded the exposure of human rights and their guarantees. The 25 years that have elapsed since its sanction until now are analyzed from the perspective of the new "challenges" that threaten the reform program and institutions, given the new historical world circumstances. In this sense, the conceptual "challenges" that affect the five great aims of the reform are outlined, specially the poverty growth in the country. For this last reason, special attention is given to the constitutional bases of a federal economic and social development, which were also provided as central aims of the reform, and the need to create institutions of consultation of that nature, which allow continuing and privileging the spirit of the agreements and consensus that gave rise to the reform to direct the legal order to close the multiple "cracks" to which the subtitle refers.