After the flood. The conservative perfectionism in the new law of the Supreme Court (1990-1997)

In this paper I want to emphasize that, in spite of its political dependency (and against what could have been expected) the new Argentinean Supreme Court did not become a 'mere appendix' or 'mouthpiece' of the Executive branch, that is, an arbitrary institution simply oriented t...

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Autor principal: Gargarella, R.
Formato: JOUR
Materias:
conservatism
institutional framework
legal system
perfectionism
Argentina
Acceso en línea:http://hdl.handle.net/20.500.12110/paper_0046001X_v38_n149_p439_Gargarella
Aporte de:
Biblioteca Digital - Facultad de Ciencias Exactas y Naturales (UBA) de Universidad de Buenos Aires
id todo:paper_0046001X_v38_n149_p439_Gargarella
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spelling todo:paper_0046001X_v38_n149_p439_Gargarella2023-10-03T14:52:07Z After the flood. The conservative perfectionism in the new law of the Supreme Court (1990-1997) Gargarella, R. conservatism institutional framework legal system perfectionism Argentina In this paper I want to emphasize that, in spite of its political dependency (and against what could have been expected) the new Argentinean Supreme Court did not become a 'mere appendix' or 'mouthpiece' of the Executive branch, that is, an arbitrary institution simply oriented to legitimize the Executive's decisions. On the contrary, during all these years the Court kept its commitment to a rich and consistent doctrine, distinguished by its perfectionism and conservationism, and which find its roots in an unattractive and long-standing political tradition. The perfectionism of the Court became apparent through its defense of the government when the latter adopted a particular conception of the good; and, in addition, through its defense of the government's attempts to advance that particular conception through the use of its coercive powers. The conservatism of the Court became apparent through its own defense of traditional moral values the 'conventional mortality' of society and its resistance to liberal or egalitarian ideas, in general. JOUR info:eu-repo/semantics/openAccess http://creativecommons.org/licenses/by/2.5/ar http://hdl.handle.net/20.500.12110/paper_0046001X_v38_n149_p439_Gargarella
institution Universidad de Buenos Aires
institution_str I-28
repository_str R-134
collection Biblioteca Digital - Facultad de Ciencias Exactas y Naturales (UBA)
topic conservatism
institutional framework
legal system
perfectionism
Argentina
spellingShingle conservatism
institutional framework
legal system
perfectionism
Argentina
Gargarella, R.
After the flood. The conservative perfectionism in the new law of the Supreme Court (1990-1997)
topic_facet conservatism
institutional framework
legal system
perfectionism
Argentina
description In this paper I want to emphasize that, in spite of its political dependency (and against what could have been expected) the new Argentinean Supreme Court did not become a 'mere appendix' or 'mouthpiece' of the Executive branch, that is, an arbitrary institution simply oriented to legitimize the Executive's decisions. On the contrary, during all these years the Court kept its commitment to a rich and consistent doctrine, distinguished by its perfectionism and conservationism, and which find its roots in an unattractive and long-standing political tradition. The perfectionism of the Court became apparent through its defense of the government when the latter adopted a particular conception of the good; and, in addition, through its defense of the government's attempts to advance that particular conception through the use of its coercive powers. The conservatism of the Court became apparent through its own defense of traditional moral values the 'conventional mortality' of society and its resistance to liberal or egalitarian ideas, in general.
format JOUR
author Gargarella, R.
author_facet Gargarella, R.
author_sort Gargarella, R.
title After the flood. The conservative perfectionism in the new law of the Supreme Court (1990-1997)
title_short After the flood. The conservative perfectionism in the new law of the Supreme Court (1990-1997)
title_full After the flood. The conservative perfectionism in the new law of the Supreme Court (1990-1997)
title_fullStr After the flood. The conservative perfectionism in the new law of the Supreme Court (1990-1997)
title_full_unstemmed After the flood. The conservative perfectionism in the new law of the Supreme Court (1990-1997)
title_sort after the flood. the conservative perfectionism in the new law of the supreme court (1990-1997)
url http://hdl.handle.net/20.500.12110/paper_0046001X_v38_n149_p439_Gargarella
work_keys_str_mv AT gargarellar afterthefloodtheconservativeperfectionisminthenewlawofthesupremecourt19901997
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