The Failed Invigoration of Argentina's Constitution: Presidential Omnipotence, Repression, Instability, and Lawlessness in Argentine History

68 Pages Posted: 15 Oct 2013 Last revised: 26 Sep 2014

Mugambi Jouet

McGill Faculty of Law

Date Written: 2008

Abstract

Argentina's constitution dates back to 1853 and has rarely been formally suspended. Nevertheless, constitutionalism has almost never existed in Argentina, as virtually each government's power exceeded the strictures of the constitution. Presidential omnipotence, state violence, political instability, the absence of the rule of law, and political clientelism have been recurrent problems throughout Argentine history. Peronism, a quintessential Argentine movement, has likewise hindered constitutionalism. The article explores historical, legal, political, and sociological factors behind the failed invigoration of Argentina's constitution.

Keywords: Argentina, constitutionalism, comparative law, rule of law, political clientelism, political instability, state violence, authoritarianism, history, political science, Peronism, Peron

Suggested Citation

Jouet, Mugambi, The Failed Invigoration of Argentina's Constitution: Presidential Omnipotence, Repression, Instability, and Lawlessness in Argentine History (2008). University of Miami Inter-American Law Review, Vol. 39, No. 2, 2008. Available at SSRN: https://ssrn.com/abstract=2340248

Mugambi Jouet (Contact Author)

McGill Faculty of Law ( email )

3644 Peel Street
Montreal H3A 1W9, Quebec
Canada

HOME PAGE: http://www.mcgill.ca/law/about/visitors-fellows-and-postdocs/jouet-mugambi

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